Monday, March 28, 2016

Can paidmedia influence Jurors? (27-Mar-2016) No.2

March 27, 2016 No.2

https://www.facebook.com/mehtarahulc/posts/10153381894186922

.Dear recalists,
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Can paidmedia influence Jurors?
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If yes, then how would you counter this argument that "paidmediamen can influence Jurors and so Jury System should not be used in India.".
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Say X is pro-Jury and Y is pro-Judge. And there is an audience of 100 persons who dont know about RTR , TCP, RTR-DD-Chairman . And know only briefly about JurySys --- whatever X said in about 10 - 15 minutes.
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Y says "paidmediamen can influence Jurors far far more than judge and so Jury system will give judgments as paidmediamen want".
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What should X say to convince the AUDIENCE?
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My answer ---- 
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Please note that there is NO right answer. Each activist is on his own when it comes to campaign. This is the answer I had given when I was actually faced with this question before audience of some 20 persons
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There are 3 crore pending cases. And to resolve them in 3 years, we need about 100,000 judges or 3 crore Juries. And once these cases are resolved, we will have about 1 crore per year across India , and so again we will need some 100000 judges or 1 crore Juries per year
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Now give the judge lawyer nexuses problem, and that lower judges may go out of control, the judge system cant work without heirarchy. There will be 100,000 lower judges, and some 2000 High judges over them and some 30 supreme judges over them.
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Now what will be cost if paidmedia is used to influence eve 1% of Jurors? To influence Jury, paidmediamen will have to make that case a National issue or atleast a state issue, and keep hammering on that case of days and days and weeks and weeks. So this means that paidmediamen CANNOT influence more than 10 cases per week !!! Because if they were to give coverage to say 50 cases , then the cases will lose focus and ability to influence Juries fall. So 10 cases per week means paidmedia can influence no more than 500 cases per year !! So paidmedia cant influence even 0.01% of outcomes in Jury System .And cost of converting an issue into national issue runs into 100s of crores of rupees. So hundreds of crores of rupees per issue, and 500 suc issues and even then, paidmedia will be able to influence only 0.01% of Jury cases.
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In contrast, paidmedia can influence millions of cases in judge trials !! How? Using "blackmail the supreme / high judges method". The Jurors are common men, and are chosen at random, They have no great secrets to hide. And even if blackmail is used, it will be expensive and wont yelid much, Also, most Jury Trial end in 1 week. So there is no much time,. Where as Supreme / High judge has lot of skeletons in cupboards --- be nepotism or corruption or mistakes. So sponsoers of paidmedia can blackmail Supreme / High judges of expose. And then using Supreme / High judges as tools, the sponsors of paidmediamen can force 10000s of lower court judges and influence of millions of cases !!! 
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So by using blackmail, the centralized system like judge system enabled apex sponsors of paidmediamen to twist outcomes in lakhs of cases. While in Jury System, paidmediamen can barely influence 500-1000 cases a year.
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So first, over 95% judges are nepotic and nexused, and willing to sell out of a price lot less than what paidmedia coverage would need to swing a Jury. And if some handful are honest, then they can be blackmailed by paidmediamen. 
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So Jury System is far far more immunue to paidmedia
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My points are --- on face value, IMO, we should accept that 12 citizens chosen at random are more liable to paidmedia frenzy than one HONEST person who is trained and more informed and more educated. In theory, if all judges were honest and not power /fame / pmotion / money corrupt etc, then judges system would have been better than JurySys. So IMO we should NOT try to say that "paidmedia cant influence even oen Jury" because in courts cases where there is lot of subjectivity, intense one sided coverage can produce some tilt. The issue was never that 1 judge vs 12 Jurors or 1500 Jurors. The issue has been 1 crore judge trials per year vs 1 crore Jury Trials per year !!! So given any scenario,IMO, we should try to analyse wrt to 1 crore trials per year. And show that for SPECIFIC objection cited, Jury System is FAR FAR better averages over 1 crore cases and NOT over each and every case,.

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