Michiganders aren't nearly as dumb as Floridians when it comes to satisfying their jury duties. A 1990 study showed that in Michigan, a full 50% of jurors would refuse to convict (using the "beyond a reasonable doubt" criminal criterion) if either (i) they thought there was "any possibility, no matter how slight, that the defendant [was] innocent", or (ii) they were not certain that the defendant was guilty. One might worry that this standard is too high, but at least these folks up north aren't overeager to convict. Contrast their perspective with that of the freakishly carceral Floridians. A full 25% of them believed that if the evidence was 50-50 (that is, dead even) they should convict. Worse, only "half realized that the defendant was not obliged to offer proof of his innocence." (Studies cited in Laudan, _Truth, Error, and Criminal Law_, 2006, pp. 49-50) This offers part of the explanation for the fact that, in Florida, over 30% of black men cannot vote. Perverts.




Comments