I was wracking my brains at the connection between my writing a emotional diary and that forming a basis for a decision in Devyani case up in far far in US.Then it clicked .US has the jury system and i looked it up in wikki though i was tired of all the confusions i am subject to by the minions and side kicks.
I came upon the following provision in their criminal law viz' Jury nullification,'which was laid down in Us vs Moyalan as per which , a jury [jury consists of decent members of society not too familiar with law but who decide of facts and also decide the case!] has the right to nullify a criminal law if the jury feels it is too harsh on the accused or some other factor that appeals to their logic and emotion and passion and can proceed to acquit the accused and the courts must abide by the decision.
IT is more or less like khap panchayat.It is unbelievable that Western countries who swear on science and logic should have this very archaic form of legal system where decisions are based on the current mindset and prejudices of the society which is not supported by law.!
Thank god our legal system has done away with this highly subjective system of decision making in early 19 50's itself.
Since i have read only the Indian legal system as is prevalent in here , thereafter , that is the decision making is sole prerogative of the judge by applying relevant laws,i was mystified at the inordinate interest shown in my emotional outbursts[kindled deliberately] on dev issue by our govt as well as US . The importance of the jury system which is prevalent there ,clears some of my fog.
I came upon the following provision in their criminal law viz' Jury nullification,'which was laid down in Us vs Moyalan as per which , a jury [jury consists of decent members of society not too familiar with law but who decide of facts and also decide the case!] has the right to nullify a criminal law if the jury feels it is too harsh on the accused or some other factor that appeals to their logic and emotion and passion and can proceed to acquit the accused and the courts must abide by the decision.
IT is more or less like khap panchayat.It is unbelievable that Western countries who swear on science and logic should have this very archaic form of legal system where decisions are based on the current mindset and prejudices of the society which is not supported by law.!
Thank god our legal system has done away with this highly subjective system of decision making in early 19 50's itself.
Since i have read only the Indian legal system as is prevalent in here , thereafter , that is the decision making is sole prerogative of the judge by applying relevant laws,i was mystified at the inordinate interest shown in my emotional outbursts[kindled deliberately] on dev issue by our govt as well as US . The importance of the jury system which is prevalent there ,clears some of my fog.
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