News that makes you say WTF! (22 Viewers)

swag

L'autista
Administrator
Sep 23, 2003
83,482
Oh dat is messed up.

I agree, but on the other hand these documentaries do serve a very valuable role in making such faulty trial procedures public. What needs to happen of course is not primarily the overturning of this specific case, but rather a general discussion about how such mistakes in conducting trials (which in all probability aren't confined to just this case alone) can be avoided in the future.

And without this program, most people probably wouldn't even be aware that these issues exist.
But you see for the documentary filmmaker, the motivation is conflict and a point of view. Having anything that mitigates or dilutes the agitation they are trying to convey -- or the point of view of the filmmaker -- essentially dilutes the weight of their work. Nobody is interested in watching a 10-hour documentary where the end result is mixed feelings of "meh".

My experiences with court cases is typically there's a lot of mixed feelings and "meh". That doesn't make for good binge-watching television.

As such, documentarians cannot be trusted for fairness or balance in most things, and that is never more true when it comes to a legal process or decision. Their motivations are primarily to maximize drama, not truth. Worse is an audience who perceives the documentary as truth and not drama.

You know, after reading your comment again, I can't believe how jaded and cynical you folks are. You haven't seen the actual thing, yet you assume that the trial must have been fair. It happened in a court of law after all, right? And I get that you've been on juries. Awesome. But apparently you don't realise how malleable the system really is. The questions that are raised by the documentary are fundamental. And to ignore them without any consideration whatsoever is morally reprehensible.

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Yes, this is the obvious conclusion. But Greg doesn't reach it, because the system consists of checks and balances and allows for better justice than a documentary. So you can just ignore the documentary altogether and you don't ever have to fix the system.
I never said the court of law was great or perfect. I sat on one trial as the jury foreman for a seven felony count case on a string of home burglaries where the jury was hung on all seven counts and I fumed for weeks afterwards ... even to the point of reverse-engineering the judge's email address so I could vent to her all the problems with the case, the prosecution, and some fellow jurors.

Even with all those flaws, making legal decisions based on watching a documentary is even more ludicrous. Due process is thrown out the window and justice is metered out based on a filmmaker's whims for what gets them funded.

Talk to us Americans about wildings when you get the chance to catch up. ;)
 

Ocelot

Midnight Marauder
Jul 13, 2013
18,943
But you see for the documentary filmmaker, the motivation is conflict and a point of view. Having anything that mitigates or dilutes the agitation they are trying to convey -- or the point of view of the filmmaker -- essentially dilutes the weight of their work. Nobody is interested in watching a 10-hour documentary where the end result is mixed feelings of "meh".

My experiences with court cases is typically there's a lot of mixed feelings and "meh". That doesn't make for good binge-watching television.

As such, documentarians cannot be trusted for fairness or balance in most things, and that is never more true when it comes to a legal process or decision. Their motivations are primarily to maximize drama, not truth. Worse is an audience who perceives the documentary as truth and not drama.
Not necessarily.

Seriously, you could say the same of any piece of investigative journalism. The documentary surely doesn't show the ultimate truth, and no one in here is arguing that you should free Avery based on it, but it is a very powerful example of what can go wrong in the (US) legal system.

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What happenend in Cologne was horrible, period.
But the reaction of the media and a lot of people in general has been pretty frightening as well.

Oh, and that facebook page is seriously disgusting.
 

swag

L'autista
Administrator
Sep 23, 2003
83,482
Not necessarily.

Seriously, you could say the same of any piece of investigative journalism. The documentary surely doesn't show the ultimate truth, and no one in here is arguing that you should free Avery based on it, but it is a very powerful example of what can go wrong in the (US) legal system.
A lot goes wrong. Just because a system exists doesn't mean there aren't abuses. Hell, I'm partly (and cynically) amazed that the news of these abuses is even out there, given that the defendant is a white dude.

But for me to suggest that someone convicted of a crime deserves a pardon (some calling even for a presidential pardon for the guy, even if it's under state law) based on my watching of a documentary is so flawed logic on so many levels, it's scary. It shows how clueless the public is about what due process means and how it works.

It also shows how easily deluded and manipulated the mass public can be on the righteousness of causes without critical thought or proper rational skepticism. This is the parallel to the "hands up, don't shoot" mythology that existed and even persists for Mike Brown.

On the flipside, it tells me we are no more evolved than the Southern lynch mobs of the past ... the same impulses that got Farkhunda killed by a mob in Afghanistan exist here, and the deluded public doesn't even realize that they're following that lead by not showing enough critical thinking or skepticism.

What happenend in Cologne was horrible, period.
But the reaction of the media and a lot of people in general has been pretty frightening as well.
Agreed.
 

king Ale

Senior Member
Oct 28, 2004
21,689
You know, after reading your comment again, I can't believe how jaded and cynical you folks are. You haven't seen the actual thing, yet you assume that the trial must have been fair. It happened in a court of law after all, right? And I get that you've been on juries. Awesome. But apparently you don't realise how malleable the system really is. The questions that are raised by the documentary are fundamental. And to ignore them without any consideration whatsoever is morally reprehensible.

- - - Updated - - -



Yes, this is the obvious conclusion. But Greg doesn't reach it, because the system consists of checks and balances and allows for better justice than a documentary. So you can just ignore the documentary altogether and you don't ever have to fix the system.
I haven't seen it but I agree with the point that Greg is making. I'm in no way in a place to try to justify the system, I'm not even fully aware of its shortcomings, but I hate having the public opinion engaged in such matters through a documentary. I hate, as a lay person, to be forced to form an opinion on something I'm neither specialized in nor completely aware of its all nuances. I'm not specifically talking about this case, I was actually listening to a podcast a few months ago about a Pakistani-American charged for having killed his ex in 1999 when he was a teen, and it was devastating to my lay ears from the beginning because I had decided instantly that he's for sure not murdered the girl. Thing is, if a case is so easy that the public calls it resolved after watching a few episodes of a documentary about it (look at the link Greg posted), I wonder why it wasn't that easy for a group of people more knowledgeable about law and the case? I understand there are controversial cases, that the system is far from perfect, that juries make mistakes, etc, but even in such allegedly obvious cases as this one (the title itself is not impartial to begin with) that the public easily forms a judgment on after watching a couple of episodes of a documentary about it?

He sounds like those asses you are sure they are lying, even when they are telling the truth.
 

Enron

Tickle Me
Moderator
Oct 11, 2005
75,252
I never said the court of law was great or perfect. I sat on one trial as the jury foreman for a seven felony count case on a string of home burglaries where the jury was hung on all seven counts and I fumed for weeks afterwards ... even to the point of reverse-engineering the judge's email address so I could vent to her all the problems with the case, the prosecution, and some fellow jurors.

Even with all those flaws, making legal decisions based on watching a documentary is even more ludicrous. Due process is thrown out the window and justice is metered out based on a filmmaker's whims for what gets them funded.
You make a good point about the entertainment thing, not making legal decisions based on television, but your criticism is a little overboard. The doc makes some good points and shows some major issues with small town justice. For this one case in Wisconsin there are probably 30 or 40 like it in states like Texas and Georgia.

A San Francisco jury/court room experience is completely different from what you see in the rural US and the two aren't really comparable.
 

swag

L'autista
Administrator
Sep 23, 2003
83,482
You make a good point about the entertainment thing, not making legal decisions based on television, but your criticism is a little overboard. The doc makes some good points and shows some major issues with small town justice. For this one case in Wisconsin there are probably 30 or 40 like it in states like Texas and Georgia.

A San Francisco jury/court room experience is completely different from what you see in the rural US and the two aren't really comparable.
I don't believe they are all that different, at least in what can self-destruct a fair trial.

I had two women who were victims of spousal abuse in the past, and they were not properly screened out by the prosecution during jury selection. So what happens is the defense says the defendant was a victim of his "mastermind" girlfriend who told him to stand with reams of jewelry she handed to him in his pockets outside of an active burglary scene with police present -- totally unaware that they were even stolen goods, let alone that he or his girlfriend were involved in their actual theft. And the two jurors are like, "Oh yeah, he looks innocent enough and I can see how he could be abused by his significant other and I feel sorry for him ... no way can he be guilty because he was under mental duress." And so we're hung on all 7 counts.

I've also been on cases where there have been super aggro cops who overreacted and got other cops to cover for them (more IMO from the trials). And the blue wall of silence was in certain effect. No small town justice required.

My criticism is that it would be one thing to sign a petition that a court case should be re-evaluated for abnormalcies and abuses. But to leap to the extra-judicial conclusion that thousands of people who weren't present at that initial trial are qualified to make judgements to request the governor to pardon a criminal shows a complete lack of judicial understanding, critical thinking, and healthy skeptical thought.
 

king Ale

Senior Member
Oct 28, 2004
21,689
I don't believe they are all that different, at least in what can self-destruct a fair trial.

I had two women who were victims of spousal abuse in the past, and they were not properly screened out by the prosecution during jury selection. So what happens is the defense says the defendant was a victim of his mastermind girlfriend who was told to stand holding reams of jewelry in his pockets -- totally unaware that they were even stolen goods, let alone that he or his girlfriend were involved in their actual theft. And the two jurors are like, "Oh yeah, he looks innocent enough and I can see how he could be abused by his significant other and I feel sorry for him ... no way can he be guilty because he was under mental duress." And so we're hung on all 7 counts.

I've also been on cases where there have been super aggro cops who overreacted and got other cops to cover for them (more IMO from the trials). And the blue wall of silence was in certain effect. No small town justice required.

My criticism is that it would be one thing to sign a petition that a court case should be re-evaluated for abnormalcies and abuses. But to leap to the extra-judicial conclusion that thousands of people who weren't present at that initial trial are qualified to make judgements to request the governor to pardon a criminal shows a complete lack of judicial understanding, critical thinking, and healthy skeptical thought.
Exactly.
 

Enron

Tickle Me
Moderator
Oct 11, 2005
75,252
I don't believe they are all that different, at least in what can self-destruct a fair trial.

I had two women who were victims of spousal abuse in the past, and they were not properly screened out by the prosecution during jury selection. So what happens is the defense says the defendant was a victim of his "mastermind" girlfriend who told him to stand with reams of jewelry she handed to him in his pockets outside of an active burglary scene with police present -- totally unaware that they were even stolen goods, let alone that he or his girlfriend were involved in their actual theft. And the two jurors are like, "Oh yeah, he looks innocent enough and I can see how he could be abused by his significant other and I feel sorry for him ... no way can he be guilty because he was under mental duress." And so we're hung on all 7 counts.

I've also been on cases where there have been super aggro cops who overreacted and got other cops to cover for them (more IMO from the trials). And the blue wall of silence was in certain effect. No small town justice required.

My criticism is that it would be one thing to sign a petition that a court case should be re-evaluated for abnormalcies and abuses. But to leap to the extra-judicial conclusion that thousands of people who weren't present at that initial trial are qualified to make judgements to request the governor to pardon a criminal shows a complete lack of judicial understanding, critical thinking, and healthy skeptical thought.
Absolutely, which is why I haven't signed a petition. But the doc has it's place and without it, these issues would usually fly under the radar until a riot breaks out somewhere.
 

lgorTudor

Senior Member
Jan 15, 2015
32,949
Aww, last thing I could imagine about you was your having "immigrant" roots :snoop:
Why? It's plausible. My grandfather came into this country with nothing but his Ustaše knife. And it took years before he could afford a second knife in order to maximize his loot. Nobody welcomed him with a warm cup of tea and teddy bears and so he robbed them :boh: That's how we learned to be jealous at immigrants after us.
 

Enron

Tickle Me
Moderator
Oct 11, 2005
75,252
I don't believe they are all that different, at least in what can self-destruct a fair trial.

I had two women who were victims of spousal abuse in the past, and they were not properly screened out by the prosecution during jury selection. So what happens is the defense says the defendant was a victim of his "mastermind" girlfriend who told him to stand with reams of jewelry she handed to him in his pockets outside of an active burglary scene with police present -- totally unaware that they were even stolen goods, let alone that he or his girlfriend were involved in their actual theft. And the two jurors are like, "Oh yeah, he looks innocent enough and I can see how he could be abused by his significant other and I feel sorry for him ... no way can he be guilty because he was under mental duress." And so we're hung on all 7 counts.
I was on a jury once that wanted to give a guy caught with pot a not guilty because they thought the cop was an asshole.

I was speaking to the entire court room experience. It's not the same. Judges and attorneys have a much different sense of control of jury in a small town than in a big city. There's a lot of out of the box stuff that happens with prosecutors and judges influencing decisions.
 

swag

L'autista
Administrator
Sep 23, 2003
83,482
I was on a jury once that wanted to give a guy caught with pot a not guilty because they thought the cop was an asshole.

I was speaking to the entire court room experience. It's not the same. Judges and attorneys have a much different sense of control of jury in a small town than in a big city. There's a lot of out of the box stuff that happens with prosecutors and judges influencing decisions.
That much I can believe. I was detailed by a patrol officer in St. Stephen, South Carolina once and felt lucky that I escaped after several hours without being anally raped and my body dumped in a swamp. All because I was the passenger in a car where a friend was speeding 10 over the limit with expired plates (his fault) and the cop decided to tear his car apart for drugs for some reason.

The law only goes so far in places like that to where it's convenient to those in authority.
 

Seven

In bocca al lupo, Fabio.
Jun 25, 2003
38,230
I haven't seen it but I agree with the point that Greg is making. I'm in no way in a place to try to justify the system, I'm not even fully aware of its shortcomings, but I hate having the public opinion engaged in such matters through a documentary. I hate, as a lay person, to be forced to form an opinion on something I'm neither specialized in nor completely aware of its all nuances. I'm not specifically talking about this case, I was actually listening to a podcast a few months ago about a Pakistani-American charged for having killed his ex in 1999 when he was a teen, and it was devastating to my lay ears from the beginning because I had decided instantly that he's for sure not murdered the girl. Thing is, if a case is so easy that the public calls it resolved after watching a few episodes of a documentary about it (look at the link Greg posted), I wonder why it wasn't that easy for a group of people more knowledgeable about law and the case? I understand there are controversial cases, that the system is far from perfect, that juries make mistakes, etc, but even in such allegedly obvious cases as this one (the title itself is not impartial to begin with) that the public easily forms a judgment on after watching a couple of episodes of a documentary about it?



He sounds like those asses you are sure they are lying, even when they are telling the truth.
A lot goes wrong. Just because a system exists doesn't mean there aren't abuses. Hell, I'm partly (and cynically) amazed that the news of these abuses is even out there, given that the defendant is a white dude.

But for me to suggest that someone convicted of a crime deserves a pardon (some calling even for a presidential pardon for the guy, even if it's under state law) based on my watching of a documentary is so flawed logic on so many levels, it's scary. It shows how clueless the public is about what due process means and how it works.

It also shows how easily deluded and manipulated the mass public can be on the righteousness of causes without critical thought or proper rational skepticism. This is the parallel to the "hands up, don't shoot" mythology that existed and even persists for Mike Brown.

On the flipside, it tells me we are no more evolved than the Southern lynch mobs of the past ... the same impulses that got Farkhunda killed by a mob in Afghanistan exist here, and the deluded public doesn't even realize that they're following that lead by not showing enough critical thinking or skepticism.



Agreed.
Hoori raises a good point. You are lay persons. I am not though. And perhaps that is why I do believe the documentary is so powerful. You see, there's a point where mistakes by the prosecution and police are not acceptable, regardless of the outcome or circumstances of the trial and where they will infringe a person's rights regardless of context.

Again, watch the damn thing. And focus on Brendan Dassey's confession. There is simply no way that can ever be justified.
 

Seven

In bocca al lupo, Fabio.
Jun 25, 2003
38,230
I don't believe they are all that different, at least in what can self-destruct a fair trial.

I had two women who were victims of spousal abuse in the past, and they were not properly screened out by the prosecution during jury selection. So what happens is the defense says the defendant was a victim of his "mastermind" girlfriend who told him to stand with reams of jewelry she handed to him in his pockets outside of an active burglary scene with police present -- totally unaware that they were even stolen goods, let alone that he or his girlfriend were involved in their actual theft. And the two jurors are like, "Oh yeah, he looks innocent enough and I can see how he could be abused by his significant other and I feel sorry for him ... no way can he be guilty because he was under mental duress." And so we're hung on all 7 counts.

I've also been on cases where there have been super aggro cops who overreacted and got other cops to cover for them (more IMO from the trials). And the blue wall of silence was in certain effect. No small town justice required.

My criticism is that it would be one thing to sign a petition that a court case should be re-evaluated for abnormalcies and abuses. But to leap to the extra-judicial conclusion that thousands of people who weren't present at that initial trial are qualified to make judgements to request the governor to pardon a criminal shows a complete lack of judicial understanding, critical thinking, and healthy skeptical thought.
Obviously the case would indeed have to be re-evaluated. The goal of the petition is a bit stupid.
 

Ocelot

Midnight Marauder
Jul 13, 2013
18,943
A lot goes wrong. Just because a system exists doesn't mean there aren't abuses. Hell, I'm partly (and cynically) amazed that the news of these abuses is even out there, given that the defendant is a white dude.

But for me to suggest that someone convicted of a crime deserves a pardon (some calling even for a presidential pardon for the guy, even if it's under state law) based on my watching of a documentary is so flawed logic on so many levels, it's scary. It shows how clueless the public is about what due process means and how it works.

It also shows how easily deluded and manipulated the mass public can be on the righteousness of causes without critical thought or proper rational skepticism. This is the parallel to the "hands up, don't shoot" mythology that existed and even persists for Mike Brown.

On the flipside, it tells me we are no more evolved than the Southern lynch mobs of the past ... the same impulses that got Farkhunda killed by a mob in Afghanistan exist here, and the deluded public doesn't even realize that they're following that lead by not showing enough critical thinking or skepticism.

Agreed.
Well, we kinda are though :D

I mean the same impulses certainly exist, but you don't see a mob attacking the prison to violently free Avary. Signing a petition is still very different from a mob ;)

Absolutely, which is why I haven't signed a petition. But the doc has it's place and without it, these issues would usually fly under the radar until a riot breaks out somewhere.
Exactyl my point :tup:
 

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