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What is the goal of a trial? - ANSWER-To discover the truth or
resolve conflicts - people assume the trial is a truth finding
mechanism, but typically, trials are in place to make citizens
feel comfortable with a set precedence on how to deal with
matters of which they cannot take care of themselves. Certain
assumptions in a trial : Trial as a rational event, assumes that
the truth CAN be ascertained, where a clash between two
opposing sides will get at the truth, and assumes a lot of
accuracy of facts presented. However, none of these
assumptions are always present in a trial, so what do we do it?
Trial's are not rational - ANSWER-Trial as a test of credibility -
not only can you
hear both sides, but evaluate their accuracy/credibility.
This places more
emphasis on weighting facts differently and assumes that we
can weight facts
well
, Trials are not a test of credibility - ANSWER-If not, then what?
Trial as a conflict resolving ritual - creates a sense that justice
was done. In this light, the trial becomes less about discovering
truth or credibility, and more about resolving conflicts
Procedural Justice - ANSWER-Fairness in the processes of
administering the
law and resolving disputes - which is
essentially choice 3.
choice 3 - ANSWER-our adversarial system forces jurors to
choose between competing versions of the truth. This begs the
question, is conflict resolution and truth compatible? Some
argue that the focus of trials is not to get at the truth, but rather
trials are simple rituals that give society the feeling that
conflicts are being resolved in a nonviolent way "illusion of
fairness"
Readings:The Cheyenne way" - ANSWER-Sticks everything
under his belt was accused of hunting alone, of the the laws
proposed by the tribe. Since this law had never been broken
before, there was no precedence on how to handle it. The
chiefs ordered him out of the tribe, only to be let back in by a
sundance, which was performed years later to allow him back
in. Second section - cries yia eya killed a chief, had to be
welcomed back by the father of that man, but a ruling was made
if he ever committed another crime. He lived to be a good
person from then on. Third section: man commits a crime out