Thursday, February 19, 2015

February 17, 2015 No.3

February 17, 2015

https://www.facebook.com/mehtarahulc/posts/10152602632466922



Following are the problems with some 90% to 95% judges , that are absent in over 99% Jurors, and why over 90% of judge smisuse their discretionary powers ---
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1. Longlasting nexuses with lawyers and powerful criminals or powerful asils ---- The Jurors are large number and change in with every case. And one Jury gets only one case. And over 99% cases get resolved in 3-5 days in Jury System. And so lawyers, powerful criminals and powerful asils have less chance to make nexuses. And the nexuses if and once made, arent useful in next case as next case has different Jury, So over 80% to 95% judges across India / world have nexuses with relative lawyers, lawyers, powerful criminals and otherwise wealthy clients. Jurors dont have such nexuses.
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2. corruption due to nexuses ---- stronger the nexuses, higher the corruption.
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3. Nepotism --- Over 80% judges have tendencies to favor their relative lawyers. Since Jurors are decided at random from a population of lakhs, chances that a Jurors will be relative of lawyer ate next to zero. So nepotism is structurally impossible in Jury System
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4. Incitement = lalach of promotion ---- over 95% judges obbey wrong judgments and order of senior judges because they want promotions. They are also eager to satify legal or even illegal demands of relative lawyers of senior judges to get promotions. Jurors have no system of promotion. So no Jurir has incitement = lalach of promotions
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5. Fear of transfer , suspension, expulsion ---- over 90% judges obey worng written or oral orders of senior judges because they are afraid that senior judges will transfer , suspend of expel them !! Whereas Jurors cant be transferred !! And worst case is expulsion from trial, but that doesnt effect his salary or career of standing.
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IOW , Juror may or may not gain or lose from misuse of discretionary powers. But a judge has EVERY chance of gaining by misusing his discretionary powers .
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The worst damage due to judge system comes --- uphelding "unfair" laws whereas biggest benefit of Jury System is that -- Jurors pay no regard to "unfair" laws and OPENLY give judgments against "unfair" law. eg in USA , the judges kept giving rulings in favor of slavery, while Jurors in northern states kept acquitting slaves, and finally that forced law-makers of USA to abolish slavery !!
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And many times, a "bad" law goes on and on, as society knows no alternative law which is less bad. But when a new alternatiev farme word for less bad law comes, but it is yet to be enacted, the difference between Jury System and judge system becomes more crucial. The judges for their career interests, keep upholding the "bad" law as long as elitemen keep benefitting from it, While Jurors start giving judgments against prevailing "bad" law, which forces law-makers to cancel the prevailing law and adopt the "less bad" law. IOW, change of ;laws is faster in Jury System than in judgment.
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A nation which rapidly junks "bad" laws and adopts "less bad" laws will move faster, and make better gizmos / weapons. And then it will enslave the nation which are changing their laws at lesser speed. That one reason why countries with Jury System have been able to defeat / enslave countries with judge system. .
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The Jury System of USA has weakened. But it is still there and very strong. While India has no Jury System. So courts in India are far far more corrupt, nepotic, nexused and lower judges have lost moral compass and give judgments as if they are slaves of higher judges. All wrong laws which benefit elitemen are upheld by magistrates as well as supreme judges. So strength ratio of India / USA is worsening day by day. And each arm of USA --- Military , factories, Missionaries etc are becoming stronger and stronger compared to corresponding area in India i.e. Indian Military , factories, temples etc. It is matter of time, USA's Military literally devors Indians Military, US companies devor Indian companies, and US's missionaries devor India's temples/religions etc. Unless, we also make our courts at least as "less corrupt" and "less nepotic" as US courts. And solution I propose are --- right to recall judges, right to recall public prosecutors and Jury System in every court from Magistrate's court to Supreme Court. The drafts for these laws are in inhttps://www.facebook.com/notes/10150422423416922 .
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In next status, I will explain why SoMoKe oppose Jury System and RTR-judges, and why paidmedia-owners will give credit to SoMoKe in case SoMoKe/paidmedia-owners fail to stop RTR/Jury from coming into India.

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