this post was submitted on 19 Aug 2024
749 points (98.3% liked)

News

23376 readers
2031 users here now

Welcome to the News community!

Rules:

1. Be civil


Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban. Do not respond to rule-breaking content; report it and move on.


2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.


Obvious right or left wing sources will be removed at the mods discretion. We have an actively updated blocklist, which you can see here: https://lemmy.world/post/2246130 if you feel like any website is missing, contact the mods. Supporting links can be added in comments or posted seperately but not to the post body.


3. No bots, spam or self-promotion.


Only approved bots, which follow the guidelines for bots set by the instance, are allowed.


4. Post titles should be the same as the article used as source.


Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.


5. Only recent news is allowed.


Posts must be news from the most recent 30 days.


6. All posts must be news articles.


No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.


7. No duplicate posts.


If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.


8. Misinformation is prohibited.


Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.


9. No link shorteners.


The auto mod will contact you if a link shortener is detected, please delete your post if they are right.


10. Don't copy entire article in your post body


For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.

founded 1 year ago
MODERATORS
 

A Milwaukee woman has been jailed for 11 years for killing the man that prosecutors said had sex trafficked her as a teenager. 

The sentence, issued on Monday, ends a six-year legal battle for Chrystul Kizer, now 24, who had argued she should be immune from prosecution. 

Kizer was charged with reckless homicide for shooting Randall Volar, 34, in 2018 when she was 17. She accepted a plea deal earlier this year to avoid a life sentence.

Volar had been filming his sexual abuse of Kizer for more than a year before he was killed.

Kizer said she met Volar when she was 16, and that the man sexually assaulted her while giving her cash and gifts. She said he also made money by selling her to other men for sex.

you are viewing a single comment's thread
view the rest of the comments
[–] LustyArgonianMana@lemmy.world 4 points 3 months ago (1 children)

Defendants can elect to have a jury trial. If they don't have a jury trial, who finds them guilty or not guilty? Is it the judge? If it's the judge, why do we allow jury trials to occur when every trial could be determined by a justice of the peace?

What is "training" if not education in the laws and legal system? Are judges not educated in law school before becoming lawyers and then justices? Is this irl experience not also considered training?

[–] fine_sandy_bottom@lemmy.federate.cc -3 points 3 months ago (2 children)

Honestly I'm not really sure what you're talking about.

The role of a judge and the role of a jury is a fundamental characteristic of a court. You seem to be mixing them up?

[–] LustyArgonianMana@lemmy.world 4 points 3 months ago (1 children)

Lol can you tell me what a "bench trial" is?

[–] fine_sandy_bottom@lemmy.federate.cc 0 points 3 months ago (1 children)

In United States law, for most criminal cases that proceed to trial, trial by jury is usually a matter of course as it is a constitutional right under the Sixth Amendment and cannot be waived without certain requirements.

https://en.wikipedia.org/wiki/Bench_trial

[–] LustyArgonianMana@lemmy.world 2 points 3 months ago* (last edited 3 months ago) (1 children)

A bench trial is a trial by judge, as opposed to a trial by jury.

With bench trials, the judge plays the role of the jury as finder of fact in addition to making conclusions of law.

, if a defendant is entitled to a jury trial, the trial must be by jury unless the defendant waives a jury trial in writing. In the various state court systems, waiver of jury trial can vary by jurisdiction.

They can just waive it in writing. So tldr, you're wrong about the role of a judge AND about why we have juries and their role in the judicial system. Which is to be a check toward aristocracy and unfair laws. The jury literally exists specifically to decide guilty, not guilty, or null. That's why it's an option.

[–] fine_sandy_bottom@lemmy.federate.cc 0 points 3 months ago (1 children)

The ability to waive your right to a jury trial does not change the role of a jury.

Jury's do not exist to interpret the law according to the vibe of a given case. If they did, obviously Chrystul would've gone to trial instead of taking the deal.

If a jury concludes that the defendant is guilty beyond reasonable doubt then they return a guilty verdict, there is no "unless they're not feeling it" part of the deliberation process.

If a law is unjust, that's a matter for a democratically elected government to resolve, not 12 randomly selected members of the public.

[–] LustyArgonianMana@lemmy.world 3 points 3 months ago* (last edited 3 months ago) (2 children)

Okay so you now admit that judges can determine a guilty or not guilty sentence? And that judges have special training helping them to understand the law exactly, whereas jurors typically do not have this training?

Yes, it does, because it implies a jury is meant to function outside of the established law by definition and instead focus on law as the people use and understand it. This is justice. That's why we can legally protest and get laws changed.

Chrystal should have indeed gone to trial, that's why so many people are upset she didn't, because we all think she would probably have gotten off. But it's not a guarantee so she took the deal. That's literally why people are talking about jury trials here lol, and her legal counsel.

Jury’s do not exist to interpret the law according to the vibe of a given case. If they did, obviously Chrystul would’ve gone to trial instead of taking the deal.

Like this is such a stupid position. Chrystal, a girl who was sex trafficked most of her teens and is still young, wouldn't know whether it's better to go to trial or not. And her knowledge of if she should go to trial or not doesn't dictate the role of juries lmfao. She doesn't determine that.

Again we go back to why juries exist. They have jury nullification available literally specifically so juries can indeed nullify the law. That is part of the function of a jury. Just because that upsets you, doesn't mean that's not what they are for. Since you didn't even know that a bench trial existed, you're not exactly a legal expert on this.

A jury is a democratically elected government. They are voted in by both the prosecution and defense. And the people in the Supreme Court decide our laws and are a much smaller and more corrupt group. Congress and the senate also make laws and proportionate to the country's population, are also a very tiny group making laws for everyone.

I think you just don't understand juries and this upsets you.

[–] xcjs@programming.dev 2 points 3 months ago* (last edited 3 months ago) (1 children)

Not the person you're debating (and I'm on your side here), but what's up with all the revisionist history going on lately?

"This thing you're arguing for was never the intent."

Then what was the intent you dimwit?

And they never have an answer aside from acting like it was some grave oversight that was only recently caught as a mistake.

[–] LustyArgonianMana@lemmy.world 2 points 3 months ago

"Structure determines function," was drilled into my head in my anatomy and physiology courses. A lot of people get that switched around.

[–] fine_sandy_bottom@lemmy.federate.cc 0 points 3 months ago (1 children)

you now admit that judges can determine a guilty or not guilty sentence

As I've been repeating ad nauseum, that is not the role of the judge in a criminal trial with a jury present.

a jury is meant to function outside of the established law by definition and instead focus on law as the people use and understand it

This is patently false. A jury determines whether a defendant is guilty or not guilty. That's it. There is no "we feel sad for the defendant" option. Read the transcript of any trial and see how the judge instructs the jury. Jurors do not make up the law "as the people understand it".

Chrystal, a girl who was sex trafficked most of her teens and is still young, wouldn’t know whether it’s better to go to trial or not.

That's why "Chrystul's" legal team advised her on her position and instructed her to take the plea deal - because a jury would find her guilty. Obviously, if Jurors just made up the law based on the vibe of a case, her legal advisors would have told her to go to trial because the jury would undoubtedly sympathise with her and find her actions reasonable.

They have jury nullification available literally specifically so juries can indeed nullify the law. That is part of the function of a jury. Just because that upsets you, doesn’t mean that’s not what they are for.

It's preposterous to assert that part of the function of a jury is to nullify the law. You have absolutely no evidence in support of that. If this were true in any way it would be a component in every criminal trial ever heard by a court. Why bother disputing evidence when you can simply talk about the sad circumstances of the defendant. "The victim deserved to be murdered because they were an asshole".

I suspect that you simply prefer to believe you live in a world where good will always triumph over evil. You might find this upsetting to acknowledge but any grown up understands that life just isn't fair, and that bad things happen to good people.

[–] LustyArgonianMana@lemmy.world 1 points 3 months ago* (last edited 3 months ago) (1 children)

Lol, your responses are honestly hilarious. I'd love to see a real judge react to your thoughts here.

Why would jury nullification be allowed if it wasn't part of the function of the jury?

And yes, "the victim deserved to be murdered because he was an asshole" is a valid line of defense in many cases including self defense and reactive abuse cases.

Yes, that so many people would null or find her not guilty itt and in general shows a jury trial may have really benefitted her. It benefitted others in the past. That's why it was brought up itt. I can start listing precedence, or you could just do even the most basic of legal research and look it up yourself.

that life just isn’t fair

You realize that this is a justice system, which has a legal obligation to be fair?

[–] fine_sandy_bottom@lemmy.federate.cc 0 points 3 months ago (1 children)

Anyone that's ever had anything to do with the justice system understands that it is not intended to be fair.

Jury nullification is not "allowed", you simply can't punish a jury for returning a "not-guilty" verdict, for obvious reasons.

Disliking the victim is not a valid defense.

Honestly I'm so weary of this. Continue believing that juries make up the law as they like. Feel free to have the last word but I'm done.

[–] LustyArgonianMana@lemmy.world 1 points 3 months ago

Define "fair"

Have you ever heard of "fair and equal under the law"?

It's intent is indeed to be fair. Whether it functions as such is another matter, a topic for justice reformation. Which jury nullification is part of, hence why it exists. Even if life is generally not fair, most humans morally value fairness (even toddlers get this), and all harm reduction is progress and good - so even making the justice system slightly fairer by implementing jury nullification is a good thing and just.

It is allowed. If it wasn't allowed, they'd, for instance, declare a mistrial. They wouldn't accept it. They do.

Again, you're wrong. The person being an asshole is absolutely grounds for being murdered. Including the case where the woman set her husband on fire in their bed. And in most self defense cases. There's literally thousands of cases where people get off for this reason.

I never said that juries make up the law as they like. I said that jury nullification is indeed part of the role of a jury. You are the one with the stance that this must not be so, despite not understanding the legal system, declaring that the legal system is supposed to be unfair, and going around in multiple threads claiming this even when shown how wrong you are with case studies and discussion. I hope you are weary enough to stop spreading weird misinformation about how you pretend society exists, rather than how it actually exists. Just because you personally dislike juries for some unknown reason (parenting trauma? were your siblings and you never allowed to speak up?), doesn't mean you're correct in any capacity.

[–] xcjs@programming.dev 1 points 3 months ago (1 children)

"What you say disagrees with my world view, so I'm just going to pretend you're crazy and your words don't make sense."

I've had this exact tactic used against me - it's very transparent when used and weakens your position.

Honestly I’m not really sure what you’re talking about.

That's a pretty polite way to encourage someone to clarify their position IMO.

If you interpret that as an accusation of being crazy and not making sense, I think that says more about you than it does about me.