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Old Posted Feb 13, 2018, 11:23 PM
Wolf13 Wolf13 is offline
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The whole thing sounds manslaughtery to me, but I'm no lawyer.

Quote:
Originally Posted by Tacheguy View Post
wouldn't aboriginal jurors have assessed the evidence the same way? so that is what politicians are questioning and appropriately so imo.
Theoretically, but maybe the defense didn't think so. I don't want to sound insensitive, but if it's their job to defend, I'm not surprised by this... not saying it's right either.

The other question worth asking is if the victim was white, as Stanley in all likelihood would have behaved similarly (or maybe not?), would the outcome have been the same?

Quote:
Originally Posted by Tacheguy View Post
it is about optics in a racially sensitive situation. perhaps no one should be disqualified on the basis of skin colour?
Theoretically, absolutely. But I'm guessing any defense lawyer in this position would get chewed up by their boss by inviting uncertainty into the jury. Not justifying it, but their job is to win (within the law).

Quote:
Originally Posted by drew View Post
To me this requiring a certain racial make-up of a jury is just a little bit concerning.

The argument that is currently being made to suggest more indigenous jurors should have been present in the Stanley trial would seem to suggest that he wouldn't have "got away with it". But that assumes that simply being indigenous juror means that you will "support your own", regardless of the evidence. Maybe I am reading this all wrong, but it all leaves a bad taste in my mouth.

Would the Boushie family have been more supportive of the outcome if one or two of the jurors were Indigenous? I seriously doubt it.
This right here.

I do find it very uncomfortable that this uproar is essentially suggesting that white people cannot be objective about this concern. Or that the family demanded their bench be stacked?

Suggesting a diverse race/gender/etc makeup of the jury be mandatory literally means none of us have the capacity to be objective and that outcomes can be pre-determined by those factors... which is a racist/sexist/etc-ist assumption in itself.
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