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1 " We trust people's lives to randomly selected juries as the only fair method "
2 " Men who are in prison for rape think it's the dumbest thing that ever happened... it's isn't just a miscarriage of justice; they were put in jail for something very little different from what most men do most of the time and call it sex. The only difference is they got caught. That view is nonremorseful and not rehabilitative. It may also be true. It seems to me that we have here a convergence between the rapists's view of what he has done and the victim's perspective on what was done to her. That is, for both, their ordinary experiences of heterosexual intercourse and the act of rape have something in common. Now this gets us into immense trouble, because that's exactly how judges and juries see it who refuse to convict men accused of rape. A rape victim has to prove that it was not intercourse. She has to show that there was force and that she resisted, because if there was sex, consent is inferred. Finders of fact look for " more force than usual during the preliminaries" . Rape is defined by distinction from intercourse - not nonviolence, intercourse. They ask, does this event look more like fucking or like rape? But what is their standard for sex, and is this question asked from the women's point of view? The level of force is not adjudicated at her point of violation; it is adjudicated at the standard for the normal level of force. Who sets this standard? "
3 " Emotions are reserved for juries and, in that case, a good lawyer can really lay them on when the time is right, better than the best Academy Award winning actor "
― Kenneth Eade , Predatory Kill (Brent Marks Legal Thriller Series #2)
4 " Well before she became famous — or infamous, depending on where you cast your vote — Loftus's findings on memory distortion were clearly commodifiable. In the 1970s and 1980s she provided assistance to defense attorneys eager to prove to juries that eyewitness accounts are not the same as camcorders. " I've helped a lot of people," she says. Some of those people: the Hillside Strangler, the Menendez brothers, Oliver North, Ted Bundy. " Ted Bundy?" I ask, when she tells this to me. Loftus laughs. " This was before we knew he was Bundy. He hadn't been accused of murder yet." " How can you be so confident the people you're representing are really innocent?" I ask. She doesn't directly answer. She says, " In court, I go by the evidence.... Outside of court, I'm human and entitled to my human feelings. " What, I wonder are her human feelings about the letter from a child-abuse survivor who wrote, " Let me tell you what false memory syndrome does to people like me, as if you care. It makes us into liars. False memory syndrome is so much more chic than child abuse.... But there are children who tonight while you sleep are being raped, and beaten. These children may never tell because 'no one will believe them.'" " Plenty of " Plenty of people will believe them," says Loftus. Pshaw! She has a raucous laugh and a voice with a bit of wheedle in it. She is strange, I think, a little loose inside. She veers between the professional and the personal with an alarming alacrity," she could easily have been talking about herself. "
5 " All my instincts are one way, and all the facts are the other, and I much fear that British juries have not yet attained that pitch of intelligence when they will give the preference to my theories over Lestrade's facts. "
― Arthur Conan Doyle , The Adventure of the Norwood Builder (The Return of Sherlock Holmes, #2)
6 " Conviction rates in the military are pathetic, with most offenders going free AND THERE IS NO RECOURSE FOR APPEAL! The military believes the Emperor has his clothes on, even when they are down around his ankles and he is coming in the woman's window with a knife! Military juries give low sentences or clear offender's altogether. Women can be heard to say “it's not just me” over and over. Men may get an Article 15, which is just a slap on the wrist, and doesn't even follow them in their career. This is hardly a deterrent. The perpetrator frequently stays in place to continue to intimidate their female victims, who are then treated like mental cases, who need to be discharged. Women find the tables turned, letters in their files, trumped up Women find the tables turned, letters in their files, trumped up charges; isolation and transfer are common, as are court ordered psychiatric referrals that label the women as lying or incompatible with military service because they are “Borderline Personality Disorders” or mentally unbalanced. I attended many of these women, after they were discharged, or were wives of abusers, from xxx Air Force Base, when I was a psychotherapist working in the private sector. That was always their diagnosis, yet retesting tended to show something different after stabilization, like PTSD. "
― , Conduct Unbecoming: Rape, Torture, and Post Traumatic Stress Disorder from Military Commanders
7 " Jokes and media slurs about rape and its survivors not only desensitize the issue but also have an impact on rape conviction rates!" Widespread “myths and stereotypes” about rape victims may give jurors “preconceived ideas” that could affect their decisions in court. When victims were demonised in the media, you can see how juries would bring their preconceptions to bear." -Alison Saunders, head of the Crown Prosecution Service, UK. "
8 " I believe in people. Human beings, deep down, are essentially good. Any jury can filter through whatever bull might be thrown their way and use common sense to get to the truth of a case. Juries make the right decisions, almost unfailingly, because people know right from wrong. "