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Re:Should a dog's sniff be enough to convict a person for mu... by ClumsyPilot on Saturday October 30, 2021 @08:40AM (#29048321)
"They asked 554 mock jurors to read a story about a dog detecting the odor of drugs on a suspect’s car even though a later search turned up cash but no evidence of illegal activity. Lit says the scenario was meant to sound preposterous. Nonetheless, two-thirds of jurors surveyed said they would have found the suspect guilty."

There is a real problem right there. Looks like you could get a conviction based on a fortune teller.

Re:Should a dog's sniff be enough to convict a person for mu... by throwaway0a5e on Saturday October 30, 2021 @09:21AM (#29048546)
I would really like to see a much bigger juror pool and results sorted by on zip code.

I suspect I can do an ok job predicting relative conviction rates based on well known location and demographic based stereotypes of authoritarian tendencies and attitudes toward drug use.

Re:Should a dog's sniff be enough to convict a person for mu... by bumby on Saturday October 30, 2021 @11:23AM (#29049490)
Would this change if instead of a drug charge it was a murder charge as in the article?
Re:Should a dog's sniff be enough to convict a person for mu... by biofox on Saturday October 30, 2021 @09:21AM (#29048544)
To me, it just highlights that there really ought to be some basic comprehension and reasoning test for jurors.
Re:Should a dog's sniff be enough to convict a person for mu... by boomboomsubban on Saturday October 30, 2021 @11:19AM (#29049468)
So do you think it's completely impossible that you would be part of the 2/3rd that found the fake suspect guilty? I don't think basic comprehension or reasoning prevent you from falling for these kinds of arguments, and rather than try to limit possible jurors we should just bar unscientific evidence.
Re:Should a dog's sniff be enough to convict a person for mu... by giantg2 on Saturday October 30, 2021 @12:49PM (#29050190)
Who makes the rules for the aptitude? Who decides if it's scientific or not, and what the limit is (p .1 or .001, study design, etc)?

The people running the system makes the rules. The general attitude is to treat the law enforcement side more favorably than the defendant, to the point that they are basically assumed guilty from the start.

Re:Should a dog's sniff be enough to convict a person for mu... by annoyingnoob on Saturday October 30, 2021 @09:48AM (#29048725)
I sat in court once for 3 days as a potential juror. I was the last person that was not selected for the jury. There is a process like what you describe called voir dire. Both sides have an opportunity to interview jurors and can ask to eliminate some. In the case I watched there was a potential juror that had recently become a citizen and was very interested in being a juror, but she was also not a native English speaker and was clearly not following everything that was going on - both sides wanted her gone right away.

You still get a jury of citizens from the local community, which is the point.

Re:Should a dog's sniff be enough to convict a person for mu... by zamadatix on Saturday October 30, 2021 @10:09AM (#29048883)
The process is a good one but it's not like what was described. Each side gets a chance to remove some jurors, not a chance to insure all jurors in the pool meet a criteria, and removal is based on how much the attorney thinks you'll hurt their chances not based on if you'll be able to accurately interpret the case. I was also the last person struck in a case involving IT once the prosecuting side found out I worked in IT. Looking at the case results the prosecution lost the case for reasons that would be apparent to anyone that understood how IT systems worked.

To be clear I think the selection process is a good one (or at least I think it's better than other options I've heard) it's just not the same thing as the GP was proposing.

Re:Should a dog's sniff be enough to convict a person for mu... by annoyingnoob on Saturday October 30, 2021 @10:37AM (#29049096)
I disagree, both sides have the opportunity to ask potential jurors a lot of questions. The answers to those questions can clearly illuminate someone's comprehension and reasoning - they definitely did in my experience. Now each side does not necessarily get all of the eliminations that they want but that is part of the process.

The case I watched was a domestic violence case. Both sides were asking potential jurors about their knowledge of bruising and the way bruises change/develop over time. One of the potential jurors was an older Engineer from an aerospace company you've heard of, his answer included explaining that the most interesting problems that he deals with include how one handles the unknowns of a given project/situation. He gave a clear indication of his reasoning and thought process, the prosecution dropped him like a hot rock.

Its not a jury of your peers if its a jury of only the sharpest or most educated people.

Re:Should a dog's sniff be enough to convict a person for mu... by taneq on Saturday October 30, 2021 @11:27AM (#29049524)
> Its not a jury of your peers if its a jury of only the sharpest or most educated people.

I think the ‘jury of your peers’ thing is meant to be in the sense of ‘all men are created equal’. They don’t, I presume, intelligence test the defendant and if they score lowly, screen the jury to admit only dumbasses.

Re:Should a dog's sniff be enough to convict a person for mu... by annoyingnoob on Saturday October 30, 2021 @12:11PM (#29049882)
The op was advocating for 'basic comprehension and reasoning test' which I think voir dire covers and in my experience did cover. The current process is more about eliminating bias than screening for intelligence, which seems right.

I think a jury should be representative of the community, all of the community.

Re:Should a dog's sniff be enough to convict a person for mu... by sokoloff on Saturday October 30, 2021 @12:40PM (#29050108)
If the case is engineering-heavy, I’d expect [at least] one side to bias the jury away from containing engineers/scientists. If it’s heavily reliant on medical testimony, at least one side will try to exclude doctors, etc.

I think that’s inherent in the adversarial system (where each lawyer is advocating for their client’s interests), but I also think it sucks.

Re:Should a dog's sniff be enough to convict a person for mu... by taneq on Sunday October 31, 2021 @08:38AM (#29056541)
I’d be interested in seeing a stats about key evidence type vs. juror preferences on each side vs. eventual case outcome. I bet you could predict guilt reasonably well by looking at what sort of jurors the defence tries to exclude.
Re:Should a dog's sniff be enough to convict a person for mu... by ClumsyPilot on Saturday October 30, 2021 @11:34PM (#29054231)
"I think a jury should be representative of the community, all of the community."

But you are getting a random, not a balanced sample of the community - one person might get a jury of stock brokers, the other might be stuck with 13 guys that are local drunks and never finished school.

Re:Should a dog's sniff be enough to convict a person for mu... by zamadatix on Saturday October 30, 2021 @12:30PM (#29050046)
First to separate the disagreements. You open by disagreeing that the process requiring jurors to pass a certain comprehension level doesn't exist today and close by disagreeing that the current "jury of your peers" process shouldn't be such a thing. Apart from being self conflicting claims (it can't both be the process used today and be against the process used today) they are 2 separate discussions.

In regards to the first disagreement GPs proposal wasn't "a process that optionally allows an attorney to strike some jurors they find have low comprehension" it was "there really ought to be some basic comprehension and reasoning test for jurors." as in a hard requirement to have some level of comprehension regardless if the attorneys wish to strike a juror based on this fact.

In regards to the second disagreement you aren't guaranteed to a jury of your peers in the US you are guaranteed to an impartial jury. Jury of your peers was part of common law and guaranteed e.g. high class people would only have juries of other high class people and is not part of US law. A "special" or "blue ribbon" jury like the GP proposed are allowed to been used as deemed necessary by the court in many states and actually by the Supreme Court itself in it's only jury trial (they drew from a pool of merchants) they are just not mandated for every trial.

Again I do side with your opinion that special juries shouldn't be the default but that's not what is under question.

Re:Should a dog's sniff be enough to convict a person for mu... by annoyingnoob on Saturday October 30, 2021 @02:36PM (#29051203)
Where I live, the state/county defines eligible jurors as registered voters and/or licensed drivers over 18. So 'peers' meaning eligible voters in your community/county. And yes, the system is rightly more about eliminating bias. The process of voir dire is the opportunity for both sides to apply their own test. Also for special cases, and even not so special cases, jury questionnaires are an option[0]. These jury questionnaires can ask all kinds of questions to uncover bias and certainly involve basic comprehension.

[0] https://en.wikipedia.org/wiki/Jury_questionnaire

Re:Should a dog's sniff be enough to convict a person for mu... by zamadatix on Saturday October 30, 2021 @03:26PM (#29051595)
That is likely how your state selects jurors but again it's not because you have a right to a jury of your peers (for any definition of peers). In the US the only right is to an impartial jury, which is indeed what voir dire tries to do, which has been ruled to be possible even with pre-filtering the juror pool.

Jury questionnaires are made to provide a background for the attorneys during voir dire not as an aptitude test, as such they do not have an objective pass/fail score rather subjective information to allow attorneys to try to form the most impartial jury they can out of the pool. While the attorney could try to make an assumption of comprehension level based on the responses in the questionnaire

1) The attorney still has to consider lack of comprehension a negative thing for their chances at the case

2) The attorney has to be willing to use strikes for this reason vs other uses such as removing blatantly biased jurors

3) Even when both of the prior hold true the number of perceived "fails" may be higher than the number of allowed strikes. Therefore the ability to strike some from the pool for comprehension level is not the same as the pool being pre filtered for comprehension level.

To be clear the GP proposal is the universal application an additional comprehension test one has to pass to be part of the pool prior to voir dire, not just that someone with low comprehension is allowed to be struck for that reason.

Think of the proposal being like if your state randomly chose anybody instead of pre-filtering for eligible voters and GP proposed "we should filter out children and etc from the pool" with your response being "voir dire does that". Voir dire in that case may allow for the possibility of some of those people being filtered at the cost of a less filtered qualified jury of adults but it wouldn't be a replacement for pre-filtering. The same is true of the proposal on a minimum comprehension pre-filter, whether you agree with the pre-filter or not it's not the same as having the ability to filter some people in voir dire.

Re:Should a dog's sniff be enough to convict a person for mu... by LocalH on Saturday October 30, 2021 @11:24AM (#29049497)
If you ask me, neither the prosecutor nor the defense attorney should be the ones striking jurors. I don't have a full solution to that, either, but it seems like voir dire is one way attorneys try to stack the deck, often times by excluding the most qualified jurors.

But, I agree - it must first and foremost be a jury of the accused's peers - but that doesn't mean "man on the street style average joe" necessarily.

Re:Should a dog's sniff be enough to convict a person for mu... by DaiPlusPlus on Saturday October 30, 2021 @10:47AM (#29049187)
> Looking at the case results the prosecution lost the case for reasons that would be apparent to anyone that understood how IT systems worked.

Can you share any details, even in a very abstract way, on what it was?

I'm curious as to how weak their case was - because if it was something as asinine as thinking that filesystem file modification dates are trustworthy or that any activity in the Windows Event log proves that a human user was physically sat at the machine then I'd like to know why the prosecution didn't have someone on their side to tell them they didn't have a case so they wouldn't waste time with a trial?

Re:Should a dog's sniff be enough to convict a person for mu... by kingcharles on Saturday October 30, 2021 @08:51PM (#29053552)
LOL. Two things here. If this is a criminal case the prosecutor will have an expert who testifies that these things are immutable, and then as a defendant you will not have enough money to have your own expert to refute it. And anyway you'll never find a lawyer that knows anything technical about computers to even come up with these sorts of technical challenges. Plus the judge hates nitpicky challenges to evidence like this, so he'll fuck you for even bringing them up.
Re:Should a dog's sniff be enough to convict a person for mu... by nobodyandproud on Saturday October 30, 2021 @01:17PM (#29050445)
> In the case I watched there was a potential juror that had recently become a citizen and was very interested in being a juror, but she was also not a native English speaker and was clearly not following everything that was going on

Trust the system.

Give her a few more years. The good ol’ US of A will make her a jury-duty dodging, full-blooded American out of her.

Tongue-in-cheek aside I’ve disappointed not to be selected for jury duty thus far.

Re:Should a dog's sniff be enough to convict a person for mu... by MomoXenosaga on Saturday October 30, 2021 @10:04AM (#29048842)
I disagree with the jury system but as I understand it American jurors are supposed to reflect society.

If you only want smart people you leave it to the judge.

Re:Should a dog's sniff be enough to convict a person for mu... by dTal on Saturday October 30, 2021 @11:23AM (#29049487)
In fact jury selection is notorious for discarding potential jurors with intelligence, critical thinking, legal awareness, or domain expertise. Jurors reflect the part of society least qualified to be making these decisions.

Attorneys do not want thinkers, they want predictable cogs in the court machine.

Re:Should a dog's sniff be enough to convict a person for mu... by parineum on Saturday October 30, 2021 @01:13PM (#29050414)
> In fact jury selection is notorious for discarding potential jurors with intelligence, critical thinking, legal awareness, or domain expertise. Jurors reflect the part of society least qualified to be making these decisions.

Jurors get dismissed based on whether or not one side feels they decide in their favor or not. That's it.

Re:Should a dog's sniff be enough to convict a person for mu... by Nevermark on Saturday October 30, 2021 @08:34PM (#29053476)
So whoever thinks their case is weakest when viewed intelligently (i.e. ability to handle subtletly, nuance, complexity, rational over emotion, science, statistics) is going to need to get those intelligent people off the jury.
Re:Should a dog's sniff be enough to convict a person for mu... by Buttons840 on Saturday October 30, 2021 @04:42PM (#29052138)
When there's no agreement I suspect the less educated are favored though.

I'd believe a juror getting dismissed for knowing statistics and being persuadable by logical arguments, before I'd believe a juror being dismissed for being in a demographic who favors police and emotional arguments.

Re:Should a dog's sniff be enough to convict a person for mu... by parineum on Sunday October 31, 2021 @02:16AM (#29054856)
Depends on which side is moving to dismiss that particular juror and what finding in their favor would require.
Re:Should a dog's sniff be enough to convict a person for mu... by oceanghost on Saturday October 30, 2021 @02:35PM (#29051197)
Just mentioning FIJA can be enough to land you in jail.
Re:Should a dog's sniff be enough to convict a person for mu... by jjeaff on Sunday October 31, 2021 @04:38AM (#29055487)
That's not true. Jury nullification is legal (both talking about it and carrying it out), even if some judges and prosecutors wish it otherwise.
Re:Should a dog's sniff be enough to convict a person for mu... by oceanghost on Monday November 01, 2021 @02:01AM (#29063449)
I can't find any supporting documentation-- so take this as hearsay-- but I recall a man being arrested for handing out FIJA pamphlets in front of a courthouse at the Southwestern Justice Center in Riverside, CA.
Re:Should a dog's sniff be enough to convict a person for mu... by caymanjim on Saturday October 30, 2021 @11:37AM (#29049612)
You have the right to not have a jury. There are some downsides. It's harder to win an appeal; jury nullification is off the table; plenty of judges are biased or uninformed. Your lawyer can't manipulate a judge as easily as a jury. Still, if I had to defend myself against some emotionally charged claim whose defense relied on legal technicalities, I might prefer a bench trial to a bunch of idiots who couldn't get out of jury duty. If the potential jury of "my peers" were going to be biased against me for reasons of religion or race or culture, I'd be more inclined to let a judge decide.
Re:Should a dog's sniff be enough to convict a person for mu... by reddog on Saturday October 30, 2021 @12:53PM (#29050236)
> a bunch of idiots who couldn't get out of jury duty

Maybe they are not idiots, just regular folks who take their civic duty seriously.

Re:Should a dog's sniff be enough to convict a person for mu... by caymanjim on Saturday October 30, 2021 @01:07PM (#29050368)
Yeah, that was too dismissive. I do think there's a problem with juries in that the pool of people is narrowed to those who both want to and are able to serve. Some jobs will pay employees who have jury duty, but many will not. Some people have backup caregivers for their dependents, but many don't. I'm not interested enough to look for statistics on it, but I would be surprised if juries aren't primarily composed of a narrow subset of social classes, like upper middle class professionals, retired people, the childless, and the unemployed, or some similar categories. It should be hard to get out of serving and jurors should be compensated in a way that eliminates the financial burden without becoming an incentive in itself.
Re:Should a dog's sniff be enough to convict a person for mu... by ipaddr on Saturday October 30, 2021 @01:21PM (#29050486)
Do you really want to force people to make a decision? They will try to end the case as soon as possible correct outcome or not.
Re:Should a dog's sniff be enough to convict a person for mu... by ipaddr on Saturday October 30, 2021 @01:19PM (#29050471)
From my experience some people just want to convict and are happy to have the power to punish. Most want to get out of there. You might get someone trying to find anything not to convict. What you end up with is some people happy to not work, others eager to close the case because they are not getting paid.

Personal feelings decide outcomes. I know this person is not guilty but this guy who loves the free lunches won't ever change his mind and I am worried about my mortgage.

Re:Should a dog's sniff be enough to convict a person for mu... by pessimizer on Saturday October 30, 2021 @01:22PM (#29050494)
Just regular retired folks and folks with government jobs that pay folks who are on jury duty.
Re:Should a dog's sniff be enough to convict a person for mu... by threatofrain on Saturday October 30, 2021 @12:55PM (#29050250)
But now you have to model a judge's incentives to cooperate with the justice system, given that the DA's office and the police have worked to bring a case this far.
Re:Should a dog's sniff be enough to convict a person for mu... by kevin_thibedeau on Saturday October 30, 2021 @12:14PM (#29049895)
What we need is a right to a multi-judge tribunal.
Re:Should a dog's sniff be enough to convict a person for mu... by caymanjim on Saturday October 30, 2021 @01:11PM (#29050396)
Agreed, although impractical due to a shortage of judges. You shouldn't have to rely on making it to an appeals panel to have your fate decided by more than the whims of a single person.
Re:Should a dog's sniff be enough to convict a person for mu... by dls2016 on Saturday October 30, 2021 @10:26AM (#29049017)
About those judges…
Re:Should a dog's sniff be enough to convict a person for mu... by kingcharles on Saturday October 30, 2021 @08:48PM (#29053541)
Wait... there are smart judges?!
Re:Should a dog's sniff be enough to convict a person for mu... by scotty79 on Saturday October 30, 2021 @11:38AM (#29049619)
What's worse is that judges are elected and it creates perverse incentives.
Re:Should a dog's sniff be enough to convict a person for mu... by refurb on Saturday October 30, 2021 @01:05PM (#29050346)
So I sat on a 6 week felony jury and had low expectations but was pleasantly surprised - fellow jurors took it very seriously, the judges instructions are clear and written at a layman’s level and the “presumption of innocence” dominated.

Anecdotal but it really gave me faith that juries do a pretty good job.

Re:Should a dog's sniff be enough to convict a person for mu... by jrockway on Saturday October 30, 2021 @01:31PM (#29050601)
I was on a grand jury and we were all a very cynical bunch. They presented a bunch of cases that boiled down to "person we don't like talked back to the police" and our jury refused to indict them. In one case, it was painfully obvious that the police officers testifying were flat-out lying. Their story changed from sentence to sentence. I think even the prosecutor thought that continuing to prosecute this particular case would be a career killer.

Eventually the ADAs caught on that our group asked too many questions, and just carefully ran out the clock on our two week grand jury session. Cases we were halfway through hearing mysteriously disappeared. Apparently the other two juries that met during our two week cycle had to stay late every day, while we got dismissed early.

It's one of those things where the system is designed to be good (23 randos get to decide if the cops are full of shit before you even get indicted, and you don't have to be very smart to see that sometimes the cops are full of shit), but The System turned it into something bad for no good reason. I guess if people aren't committing felonies, we don't need assistant district attorneys, and then the people that already do that job have their career progress reset. So they are forced to play into a broken system and make up very tenuous felonies for their own personal career gain. It's sad. Someone should do something about that.

(I wonder if there should be an after-the-fact non-binding review board. Look at all the cases that were prosecuted over a given year, and just have a group of experts gut-check them. If a lot of cases seem like bullshit, dock the numbers for the DA's office so they suffer at election time.)

Re:Should a dog's sniff be enough to convict a person for mu... by kingcharles on Saturday October 30, 2021 @08:42PM (#29053510)
That's an interesting report because I've seen statistics [citation required] that Grand Juries vote to indict in 99.9% of cases. I was locked up for 8 years in a county jail and I only saw one instance where the grand jury did not return a "true bill", and the Constitution in that case then allows the prosecutor a second chance by then doing a prelminary hearing in front of the judge instead. At which point the judge immediately found probable cause.

The case was that someone said they had seen, from the street, the suspect walking around in his basement with a gun in his hand. They called the police. 47 officers arrived at the house, but the suspect had left earlier. They found him several blocks from the house with no firearm on him and arrested him for Unlawful Use or Possession of a Firearm by a Felon (he had a previous conviction from years prior). The judge took pity on him and offered to let him plead to Attempted Possession of a Firearm to get him to plead guilty, which he did and only had to do 6 months in prison for a crime he didn't actually commit. (It was shown that it was impossible to see into the basement from where the reporting citizen was stood.)

Re:Should a dog's sniff be enough to convict a person for mu... by jrockway on Sunday October 31, 2021 @07:55PM (#29061652)
I think that some care should be taken on statistics like "99.9% indictment rate". If you can control the number of cases in the denominator, then you can make it match the numerator. (I'm implying that if the grand jury is looking bad, you can close the case before they indict.) In that case, anything not equal to 100% just tells you that someone doesn't know how to play the numbers game... and in 2021, EVERYONE knows how to play the numbers game.
Re:Should a dog's sniff be enough to convict a person for mu... by Buttons840 on Saturday October 30, 2021 @04:37PM (#29052106)
The fact that your joury went home early while others stayed late, is this information available to the defense?
Re:Should a dog's sniff be enough to convict a person for mu... by jrockway on Saturday October 30, 2021 @05:04PM (#29052284)
Probably not. It operates as an on-call sort of thing. You show up when you're summoned and sit in a room until there are details of a case to present. You hear maybe 20 minutes of testimony for a case, sit around for 2 hours, then hear 10 minutes of another case, etc. for 8 hours a day for two weeks. At some point, there is enough evidence to vote. (I actually don't remember the exact process there. I think the ADA leaves the room, and some number of people have to vote to indict, and then we fill out a piece of paper with the results. I wasn't the person that actually filled out the paper, I was just the backup if that person was absent, which they never were.)

All the grand jury members are ordinary citizens with no special education or training. The state sends you a letter, you show up at the time and place they say, and there is no "jury selection" that excludes jurors. You're truly just a pool of random people from the county.

(This is the New York State system. The federal system is different. And some states don't even have grand juries. It's kind of an unusual thing.)

To more directly answer what you're getting at; yes, I felt like something a little fishy was going on. It is all conjecture from chatting with the other members of the jury while sitting around bored for 8 hours a day. Some of them were very good at collecting information about what goes on behind the scenes. The cases should probably be randomly load-balanced between juries, without the prosecutor knowing that one of them has difficult people on it. I would venture a guess that there are rules around this, and then there are "the rules" on how it's done in real life, and people are generally fine with "the rules". So it goes. Ultimately, the grand jury is the people's power over prosecutorial aggression. You, as one of those people, have to decide what to push for and how the jury should be run. My group had a lot of people in it that very strongly pushed back against the power of the state. Some other groups might not have that. That's the luck of the draw, I suppose.

I'll also say that we were not being difficult for the sake of being difficult. They presented some cases that were very clear-cut, and we easily agreed to indict based on the evidence that was shown.

Re:Should a dog's sniff be enough to convict a person for mu... by kingcharles on Saturday October 30, 2021 @08:47PM (#29053538)
Of course, they make it easy to indict because only the prosecutor gives the "facts" and there is noone there to rebut it. In my cases they actually failed to allege some elements of the offense in one, which would technically make it impossible to indict because you cannot say for certain if a crime was committed (but I checked and they say as long as most of the elements were alleged then it is close enough to be legal), and in both cases the police lied about which county the crime was alleged to have been committed in, so the grand jury did not know they had no legal authority to indict.
Re:Should a dog's sniff be enough to convict a person for mu... by Clubber on Sunday October 31, 2021 @12:20AM (#29054446)
Here's a recent example. It seems as though the Kentucky prosecutor rigged the grand jury so that they wouldn't opt to charge the police with a crime. Pretty chilling. This is the same justice system that over-charges defendants so they plead guilty even if they are innocent. Our justice department is out of control and exists to serve itself. Without faith in the law, our country is lost.

Breonna Taylor grand jurors say there was an 'uproar' when they realized officers wouldn't be charged with her death

https://www.cnn.com/2020/10/29/us/breonna-taylor-grand-juror...

Re:Should a dog's sniff be enough to convict a person for mu... by kingcharles on Saturday October 30, 2021 @08:45PM (#29053522)
Probably not. In Illinois where I am, at least, judicial matters are excluded from the Freedom of Information Act. You do have a free speech right to some judicial documents under the 1st Amendment to the federal constitution and possibly under a State constitution.

The transcripts of the actual grand jury session are "secret" but generally available to the defendant's attorney, but not the public.

Information on when a grand jury went home might not be restricted though, and might be available, if it was recorded somewhere.

Re:Should a dog's sniff be enough to convict a person for mu... by AlbertCory on Saturday October 30, 2021 @01:06PM (#29050355)
To me, it just highlights that if you've never served on a jury, your opinion is merely prejudice against those who are (presumably) less credentialed than you are.
Re:Should a dog's sniff be enough to convict a person for mu... by pfortuny on Saturday October 30, 2021 @01:57PM (#29050868)
A jury of peers is a jury of citizens with no regard to their upbringing, education, rece, religion, or any other thing. Citizens.
Re:Should a dog's sniff be enough to convict a person for mu... by clairity on Saturday October 30, 2021 @11:51AM (#29049732)
you’ve just failed your own test, since you don’t understand how and why a jury works. if you did, you’d comprehend that the better solution is expanding juries, not testing jurors. i’ll let you work out why that would be the case, and perhaps come up with an even better option as a result.
Re:Should a dog's sniff be enough to convict a person for mu... by taneq on Saturday October 30, 2021 @11:14AM (#29049417)
If you’d spent the last 40 years telling jurors that fortune tellers were the gold standard for detecting drug mules then yeah. The issue is that we’ve been sold the idea that drug dogs are effective, not that jurors are gullible.
Re:Should a dog's sniff be enough to convict a person for mu... by ClumsyPilot on Saturday October 30, 2021 @12:50PM (#29050207)
"The issue is that we’ve been sold the idea that drug dogs are effective, not that jurors are gullible."

But we know that they are gullible, they take police as a trustworthy source of information and assume police would not mislead them. Nimerous studies have shown that.

Re:Should a dog's sniff be enough to convict a person for mu... by chmod600 on Saturday October 30, 2021 @11:56AM (#29049772)
And we believe that dogs are noble beyond any doubt. But maybe the dog just wants the handler to smile, take her home, and give her a steak?
Re:Should a dog's sniff be enough to convict a person for mu... by giantg2 on Saturday October 30, 2021 @11:56AM (#29049771)
That's because society, the courts, etc believe people are guilty before it is proven. And "reasonable" doubt is basically whatever they say it is, which is often unreasonable.

Innocent until proven guilty is a cruel joke.

Re:Should a dog's sniff be enough to convict a person for mu... by cm2187 on Saturday October 30, 2021 @10:37AM (#29049095)
Though that’s without the defence having a chance to tell the jury why they should disregard that fact.

But in the end, I don’t think judges are doing any better. The only reason the justice system works is because the vast majority of cases aren’t very complicated and have physical evidence. Colombo-style crime mystery is fairly rare.

Re:Should a dog's sniff be enough to convict a person for mu... by kingcharles on Saturday October 30, 2021 @08:54PM (#29053575)
On the flip side of this, which you don't hear about very often, during my eight years locked up I saw a decent number of jury trials where the jury aquitted a clearly very, very guilty defendant.

So, I would always go with a jury trial even if you are horribly guilty as you might as well just roll the dice on the jury verdict.

One example: A guy was thrown down onto the grass in front of his house by the cops during a drug arrest. When they picked him up a gun was lying on the grass under him. He told me it fell out of the waistband of his pants. At trial his lawyer argued that the gun was already randomly lying on the ground when the police threw him down. The jury acquitted him of the gun possession charge.

Re:Should a dog's sniff be enough to convict a person for mu... by ClumsyPilot on Saturday October 30, 2021 @11:42PM (#29054271)
"At trial his lawyer argued that the gun was already randomly lying on the ground when the police threw him down. The jury acquitted him"

Blackstone's ratio is the commonly accepted benchmark: "It is better that ten guilty persons escape than that one innocent suffer"

It's job of the prosecution to make sure their proof is "beyond reasonable doubt", which is obviously in the eye of the beholder.

Re:Should a dog's sniff be enough to convict a person for mu... by HenryKissinger on Saturday October 30, 2021 @09:24AM (#29048571)
People trust dogs too much.

Dogs are friendly and make good pets and all but people need to draw a line.

Re:Should a dog's sniff be enough to convict a person for mu... by Ensorceled on Saturday October 30, 2021 @11:26AM (#29049507)
"My dog would never bite. He just snarls and snaps like that when he's nervous."

"My dog is a good dog at heart, but she's a rescue so you have to make allowances."

"My dog is only growling because you are showing fear."

"If you got bit, you must have done something to the dog. No dog bites without good reason."

People "trust" dogs to a ludicrous degree, even dogs that clearly can't be trusted.

Re:Should a dog's sniff be enough to convict a person for mu... by Spivak on Saturday October 30, 2021 @12:09PM (#29049864)
I don’t even like dogs and I think you’re being uncharitable to what are complex living beings with histories and trauma just like humans. For bad but obvious reasons we have different levels of empathy toward different trauma responses. A child who freezes or fawns will get love and support while someone who lashes out or has emotional episodes will be called a bad kid or crazy when they need love and support too.

You don’t have to ever consider the behavior acceptable and it’s never your job in particular to deal with it or be around them but that doesn’t mean that the owner’s empathy is invalid. And it sucks when owners are unwilling or incapable of helping their dog. But they’re also right — dogs really don’t bite for no reason.

Re:Should a dog's sniff be enough to convict a person for mu... by Ensorceled on Saturday October 30, 2021 @12:46PM (#29050164)
> I don’t even like dogs and I think you’re being uncharitable to what are complex living beings with histories and trauma just like humans.

Actually it's the exact opposite. We reduce these complex living beings to a "all dogs are good, only people are bad".

> But they’re also right — dogs really don’t bite for no reason.

People don't assault and kill for no reason either, doesn't mean their victims, or the person bitten by the dog is at fault.

DDG "dog kills child" and come back to this thread.

Re:Should a dog's sniff be enough to convict a person for mu... by ClumsyPilot on Saturday October 30, 2021 @11:56PM (#29054337)
"dogs really don’t bite for no reason."

Back in Russia a neighbour's pibull would regularly attack and bite small children playing on the playground, drew blood, left scars. They refused to believe there was anything wrong with the dog's behaviour. Only when the dog attacked their own kid at home, they finally accepted the fact and, sadly, put down the dog.

Some people are crazy, some dogs are too. Indeed, nothing happens for no reason, but the reason might be screwed up chemistry in the brain. Or it might be traumatic upbringing, or something else totally unrelated to the person that suffered.

Re:Should a dog's sniff be enough to convict a person for mu... by FactolSarin on Saturday October 30, 2021 @11:40AM (#29049645)
Plus everyone, even dogs, can have a bad day. I feel I'm a pretty judge of dogs, having grown up around them all my life. I know when a dog is barking to alert an owner vs when a dog is barking and is about to bite.

But even with that in mind, I remember the one time my dog was playing with another dog, and suddenly the play turned to aggression on a dime, and I had to pull those dogs apart, and one ended up with a piece of it's ear gone. Neither dog had a history of aggression, neither has done anything like that ever again. There was no warning, it just happened.

Why? I have no clue, and I never will, because dogs aren't people. I can't even know what another human is thinking when a violent outburst happens, much less another species.

So are drug-sniffing dogs reliable? I bet they are, but just like people sometimes they can be wrong, or they can have a bad day, or they can give the answer they thought the trainer wanted. Who knows? We don't know how they experience the world enough to even make a guess.

Re:Should a dog's sniff be enough to convict a person for mu... by pxc on Saturday October 30, 2021 @01:49PM (#29050796)
People who do this stuff might think they're trusting their dogs, but they're neglecting them.

> "My dog would never bite. He just snarls and snaps like that when he's nervous."

A dog who is snarling and snapping is doing the canine equivalent of screaming ‘GET THE FUCK AWAY FROM ME RIGHT NOW’. Actually trusting that dog would have to mean believing it when it tells you it is uncomfortable and feeling threatened. If you trust someone and they tell you they need to be removed from a situation, you do it.

> "If you got bit, you must have done something to the dog. No dog bites without good reason."

Honestly, this is the other side of people ‘trusting’ dogs too much. Most people who get bit by dogs are doing something extremely stupid, and most people who get bit by other people's dogs are doing something extremely presumptuous and invasive.

If what you're interested in is whether a dog is vicious (i.e., how easily it can be rehabilitated or accommodated so that it never bites anyone again for the rest of its long, happy life), the secondhand judgment of someone who got bit by the dog is generally unreliable unless it's accompanied by a detailed account. Unfortunately, being a ‘dog person’ or someone who ‘loves dogs’ or ‘has had dogs their whole life’ doesn't at all assure that a person can read basic canine body language, either.

Re:Should a dog's sniff be enough to convict a person for mu... by marvin on Saturday October 30, 2021 @03:23PM (#29051574)
I got bitten by a dog that looked at me from six meters away when I came out of the owner's car (with the owner driving! We were chatting amicably at the time), then with no other warning than standing very still for two seconds ran at me and bit my leg to the point of bleeding.

Then, when I met it again three years later, tried to do the same thing but by that point they'd wised up and anchored its leash to something. Although, you know, maybe there existed a more constructive solution.

And my cousin was bit three times (required stitches) by a dog she never approached, and backed away from carefully after it became obvious that it was unfriendly, running away after it bit her the first time. She did accidentally enter the owner's property, though, while jogging. The property boundary wasn't marked.

I don't think you can generalize this stuff, unless you've made a detailed survey of the conditions concerning situations where dogs have bit people.

Re:Should a dog's sniff be enough to convict a person for mu... by pxc on Monday November 01, 2021 @02:05PM (#29070491)
I wrote a big long reply but my browser ate it.

Anyway my point is not to deny someone that they've had unpleasant or even traumatic experiences with dogs, but to point out that moderately detailed stories, like the one you just shared, are much more informative than judgments given without context.

Re:Should a dog's sniff be enough to convict a person for mu... by kapp_in_life on Saturday October 30, 2021 @11:40AM (#29049642)
Whenever someone says crap like this to me I feel sorry for the dog because its clearly poorly socialized and thats entirely the blame of the owner.
Re:Should a dog's sniff be enough to convict a person for mu... by Taywee on Saturday October 30, 2021 @01:28PM (#29050573)
That's reductive. Dogs have a surprising degree of individuality, intelligence, and personality. There are dogs with anxiety disorders, psychological disorders, attention disorders, and other issues that aren't necessarily the blame of the owner (or even might be the fault of previous owners). Trying to reduce it to that is like blaming every problem behavior on somebody's parents. Dogs aren't simple machines.
Re:Should a dog's sniff be enough to convict a person for mu... by pxc on Saturday October 30, 2021 @01:59PM (#29050877)
Let's review some of the examples in GGP:

> "My dog would never bite. He just snarls and snaps like that when he's nervous."

If you ever hear this, the dog is being socialized in a bad, counterproductive way before your very eyes. The owner is ignoring manifestly severe distress, as well as generally unacceptable behavior in public.

> "My dog is a good dog at heart, but she's a rescue so you have to make allowances."

The word ‘allowances’ here is kinda strong, in that it sounds like you're not only giving up on eliminating certain negative behaviors/feelings in your dog, but also in managing them.

But it's really close to something that I think is fair to say, which is that you can't expect your dog to instantly recover from trauma, and that you will have to make gradual progress on teaching your dog that the world is safe for them and how you expect them to behave in it. At the same time, it's your job to manage those behaviors along the way, so I'm not sure that counts as ‘making allowances’ in the sense of simply permitting otherwise unacceptable behavior. So it might be fair to give that one to the GGP, too.

> "My dog is only growling because you are showing fear."

This is useless information even if it's true, and it pushes responsibility for the dog's behavior and comfort onto others (probably including random strangers, given the character of the examples). This is poor socialization in action again.

(Aside: growling is good. It is good for dogs to give warning. You probably want to address the thing they're growling about (food possessiveness, fear, anxiety, mistrust of strangers), which may not be good. But you probably don't want to suppress growling per se or treat growling as bad behavior. That's a good way to get a less predictable dog.)

> "If you got bit, you must have done something to the dog. No dog bites without good reason."

If someone says this about their own dog, they're showing a stunning level of disinterest in their own dog's behavior, comfort, and impact on others. If someone tells you your dog bit them, you need to be very interested in all of the details so you can figure out what was going on and what you need to do about it.

Re:Should a dog's sniff be enough to convict a person for mu... by Taywee on Saturday October 30, 2021 @02:47PM (#29051292)
Yes, you're right, given the context. I hadn't properly followed the chain of comments, and every one of those statements is unreasonable. I just hear a lot of dog people who subscribe to the belief of "no bad dogs, only bad owners", which is cute, but not 100% realistic. You can do a lot to properly train and manage dog behavior, and much bad behavior is the fault of the owners, but there are special cases that really aren't that rare. I have a dog who, as far as I know, has never been abused and she has intense anxiety around new people and other dogs, despite following all the rules and doing everything right to try to socialize her properly for years. I get the ugliest stares from people when they ask if they can pet her and I say that she has anxiety problems, and that she's never bitten somebody, but I can't guarantee that she never would, because people she doesn't know stress her out quite badly. I've made a lot of progress with her, but I doubt I could ever get her to a point that she'd be perfectly comfortable around strangers.
Re:Should a dog's sniff be enough to convict a person for mu... by pxc on Saturday October 30, 2021 @03:54PM (#29051835)
> I get the ugliest stares from people when they ask if they can pet her and I say that she has anxiety problems, and that she's never bitten somebody, but I can't guarantee that she never would, because people she doesn't know stress her out quite badly.

A dog who doesn't like to be touched by random strangers is not a bad dog, and strangers are not entitled to touch her! I'm 100% with you on this one. Many people seem to think that all dogs should actively enjoy all kinds of invasions to their personal space (that they themselves would never tolerate), and it's ridiculous.

You're also not, in my opinion based on this description, ‘making allowances’ for any unacceptable behavior. You're just keeping your dog (and people around her) safe and comfortable, despite the misplaced sense of entitlement of some strangers.

Re:Should a dog's sniff be enough to convict a person for mu... by Nevermark on Saturday October 30, 2021 @08:51PM (#29053557)
Regarding your last paragraph, the owner is making an allowance for potential inappropriate behavior (biting) from a specific dog based on its unique personality (likely startled and very stressed by sudden petting from a stranger).

That is a reasonable thing to do. Dogs like people get allowances within reason for having unique failure modes. We all have them.

Re:Should a dog's sniff be enough to convict a person for mu... by pxc on Saturday October 30, 2021 @10:22PM (#29053962)
We agree on the substance of the issue. But that's not the language I'd use.

Telling people they're not welcome to pet the dog isn't an allowance, it's management.

Making allowances, to me, would mean simply permitting a behavior you otherwise wouldn't, and actually allowing the dog to practice the behavior instead of managing the environment to prevent the behavior. People who simply do nothing about a small dog who snaps, growls, bites because 'he's harmless, he couldn't hurt anyone if he wanted to', for example, I would say are 'making allowances'.

Re:Should a dog's sniff be enough to convict a person for mu... by Nevermark on Monday November 01, 2021 @08:40PM (#29075379)
We do agree, I think.

My point is the owner is not in control of whether someone suddenly pets the dog, and it bites them.

So the warning before, is also the allowance after. Depending on circumstances the owner can only partially control.

If the warning were not also a reasonable allowance after a bad incident of the kind the owner imagines is possible, then instead of a warning the owner should be avoiding any possibility of the situation.

Re:Should a dog's sniff be enough to convict a person for mu... by Taywee on Tuesday November 02, 2021 @02:28AM (#29077766)
In my particular situation, there has never been a "bad incident". When approached by strangers, she pancakes to the pavement and is visibly fearful and anxious. She'll even stray away when people she doesn't know are walking on the sidewalk within 30 feet or so. It's not just a warning, but also communication that being approached scares her (I always use the word "bite", because apparently when I say "my dog is terrified of strangers", some people think a sane response is "Oh, dogs love me! Come here, pooch, gimme a smooch!").

I don't take her to dog parks or places with lots of people. Avoiding any possibility of the situation would mean not taking her for daily walks around the neighborhood; this is just the reaction when somebody who is not familiar in the neighborhood sees her for the first time (often people just walking down their driveways toward me). I don't think that fully isolating her from ever seeing a person she doesn't know is necessarily the best choice for her either.

For somebody to suddenly pet her, there would have to be a person who is hiding behind a hedge or car waiting to jump out and pet a strange dog, which would be a bad idea regardless of the dog's disposition to strangers.

I understand your point, but I think you're making the assumption that I'm putting her into avoidable situations that are higher risk, rather than the bare minimum necessary proximity to people in order for her to get her exercise and the psychological necessity for anxious dogs to scope out their surroundings regularly.

Re:Should a dog's sniff be enough to convict a person for mu... by Ensorceled on Saturday October 30, 2021 @12:50PM (#29050199)
Yep. Our weekly long run takes us through an off leash park, never had an issue with literally dozens of dogs every run. Dogs are all socialized; running around, chasing each other, running beside us, barking happily.

All my unpleasant dog encounters have been with people who can't take their dog to the off leash park ...

Re:Should a dog's sniff be enough to convict a person for mu... by lettergram on Saturday October 30, 2021 @11:14AM (#29049406)
This is why they have an entire field focusing on finding unbiased juries. They conduct interviews, etc
Re:Should a dog's sniff be enough to convict a person for mu... by pessimizer on Saturday October 30, 2021 @01:25PM (#29050533)
That's not why attorneys interview jurors. They're trying to find jurors who are biased but not biased enough to retrospectively throw the entire trial into question.
Re:Should a dog's sniff be enough to convict a person for mu... by vkou on Saturday October 30, 2021 @11:52AM (#29049743)
Unbiased relative to the background level of nonsense that the general public believes?

Or unbiased relative to some platonic ideal of a jury?