Gary's Thoughts and Opinions

Wednesday, August 24, 2005

Judge says he will determine for the Jury what is pornographic.

I read this article at http://www.washblade.com/thelatest/thelatest.cfm?blog_id=2087 and was disturbed more by what the judge had to say to the jury than about the story itself.

I quote the disturbing part of the article:

“Potential jurors Wednesday had qualms about perhaps being asked to watch part of the tape, and the judge said he would help jurors decide what was obscene.
Jurors told lawyers and Circuit Judge Charles Clawson that they might have trouble setting aside their personal views of what is obscene. Clawson said he would instruct the panel on what constitutes obscenity.”

So my question is this… If the judge is going to decide what is or is not pornographic, why have a jury? If a juror is disturbed by the context and content of the case, why not get another juror?

Having Judges deciding the facts in a case is a dangerous precedent to set no matter what the case is about.

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