5th Circuit Court Finds SEC Enforcement Unconstitutional [pdf]

Re:5th Circuit Court Finds SEC Enforcement Unconstitutional ... by xyzzyz on Wednesday May 18, 2022 @10:18PM (#31429959)

I don’t like it either that the right to jury trial is overwhelmingly bargained away, but having the right and bargaining it away is still preferable to not have any right in the first place.

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Re:5th Circuit Court Finds SEC Enforcement Unconstitutional ... by xmcqdpt2 on Thursday May 19, 2022 @07:24AM (#31433077)

Isn't the issue that in the US you only have a binary choice between jury or plea deal? I'm Canadian and here most trials are bench trials, that is in front of a judge only

https://www.justice.gc.ca/eng/csj-sjc/just/12.html

The reason why this is often advantageous is that the judge knows well the legal provisions and is more likely to rule in line with previous cases. The judge is also not a prosecutor (and in Canada, not elected by the public) so the judge doesn't have an incentive to be "tough on crime". AFAIK in general, you would only request a jury if you believe your case is in some way fundamentally different from similar cases and you don't want the "default" penalty if found guilty.

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Re:5th Circuit Court Finds SEC Enforcement Unconstitutional ... by mellavora on Thursday May 19, 2022 @03:48AM (#31431876)

Yes, because this gives grounds for the argument that the system is broken (does not provide the right).

If > 90% of people are pressured into waiving the right, does the system actually provide this right?

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