On Sun, 14 Dec 2014 18:55:35 +1100, Peter Moylan wrote:
> The printout also contained many instances of " ".
> ...
> Finally I could take it no longer, and passed a note to the judge
> explaining the true meaning of . The court had to go into recess
> while this was explained to the two barristers.
>
> For this barristers charge thousands of dollars per day?
Lawyers (as we call them in the US) can be shockingly negligent/.
In a famous case, Swain versus Alabama (1965), Mr. Swain, a black
man, had been convicted of raping and murdering a white woman, and
sentenced to death. The `100-man jury pool(*) was 92 white men and 8
black men, in a county with 26% black population. (No blacks were on
the actual 12-man jury, through a set of challenges by the
prosecution.)
The US Supreme Court rejected Swain's lawyer's contention of racial
bias in selecting the original jury pool, ruling that 8% wasn't all
that different from 26%. Mr. Swain's lawyer(**) apparently had not
thought to consult a statistician, or even a first-semester
statistics student. If he had, he would have included in his brief
that getting as few as 8 blacks in an unbiased sample of 100 from a
26% black population had under 5 chances in a million of occurring.
The Supreme Court did note that there had never, in the preceding 15
years, been more than 15 black men on a Talladega County 100-man jury
pool. Again, any competent statistics student would have been able to
compute how monstrously unlikely that was, if there was no racial
bias in jury selection.
(*) Women were ineligible to be jurors in that era in Talladega
County.
(**) I'm assuming he had one. Even in 1965 Alabama, I think there was
a right to counsel in capital cases.
--
"The difference between the /almost right/ word and the /right/ word
is ... the difference between the lightning-bug and the lightning."
--Mark Twain
Stan Brown, Tompkins County, NY, USA
http://OakRoadSystems.com