TNP v Grosse

[Flemingovia]

Dear all,

Now that the deliberations of TNP v Grosse are part of the legal archive rather than the private chambers, I took a look.

I feel that, to help future generations understand the reasoning behind judgements made, if deliberations are to be held on IRC then a log of the deliberations ought to be entered into the court records.

What do you feel?

 

[Crushing Our Enemies]

You mean the public trial thread? I vehemently disagree. Those deliberations should stay private between the members of the court. To reveal them to the public would make justices less likely to speak openly about the trial, and watch their words more carefully, or even change their judgment. It turns private conferencing into a political event.

 

[Romanoffia]

The actual deliberations need to be kept private as a matter of preserving the integrity of the Court's right to deliberate in private.

As a matter of logic on this point, since we do not have a jury system in TNP, the Justices in their deliberations constitute a Jury and under principle of law, a jury man not be questioned as to their line of logic of deliberations, only polled as to how they voted if said jurors acquiesce to be polled and under the principle of the right of a jury to engage in 'jury nullification' or the right of a jury to question the application of a law in a specific case.


"The court can tie the government to the black letter of the Constitution, but in order to make sure that the principles are applied instead of just the technicalities, you need the jury exercising independent judgment." ------- Thomas Jefferson

In essence, the Court must have the option to exercise independent justice in sense of the Court acting as a Jury by function.