Mtambuzi
Platinum Member
- Oct 29, 2008
- 8,810
- 15,398
- Thread starter
- #121
Ronn M nakushukuru kwa ufafanuzi wako........... Binafsi napenda sana style ya uendeshaji wa kesi wa nchini Marekani, wao wanatumia Jury na nimeona wametoa mchango mkubwa katika uendeshaji wa kesi nchini humo. Nilichogundua ni kwamba hiyo jury wakati mwingine inaundwa na watu kutoka kada mbalimbali kulingana na mazingira ya kesi yenyewe.......... sina uhakika sana kama ni lazima wawe na taaluma ya sheria......... labda nikupe mfano wa Kesi maarufu nchini humo (bado naifanyia kazi, huenda nikaiweka humu hapo baadae). nazungumzia kesi ya OJ Simpson......... Hebu ona sifa za hiyo timu iliyounda jury hapa chini:
Katika kuamua kesi kuna majaji wa aina mbili, Bold Spirits and Timorous Souls. Bold Spirit ni
wale majasiri. Hawa wanakuwa tayari kutafsiri sheria katika namna ambayo haki inatendeka. Hii
ina maana kama sheria haiko sawa au inaleta 'undesired results' which are against justice, yeye
atatafsiri katika namna inatakayo leta haki. Ni kama vile anatunga sheria mpya! Alikuwepo Lord
Denning wa uingereza na hapa Tanzania kina Mwalusanya na Lugakingira wamekuwa na mfano
huo (Rejea kesi za Mtikila, kesi za wafanyakazi kadhaa waliofukuzwa kazi for 'public interest',
Kesi ya Daudi Pete(on Bail) nk!
Timorous Soul hawa ni wale wanaofuata sheria kama ilivyo. Hata kama it will lead to so
unreasonable and absurd results.
Utagundua hawa majaji wetu wamekuwa waoga kuleta mabadiliko katika sheria. Mfano ni Justice
Bahati ambaye unaona anaonesha kuwa nchi nyingine wamefuata mtindo huo lakini yeye
anaamua kutokufuata! Ni kama vile anaogopa!
Sina kumbukumbu kama Bunge letu limebadilisha hilo, lakini kwa Sheria ya Makosa ya Jinai
(Penal Code Cap 16) ambayo ni current version, mabadiliko hayo hayapo. Hivyo ndo kusema,
bado sheria hiyo haijaingizwa hapa Tanzania. Si rahisi sana kwa serikali kufanya marekebisho
yenyewe maana 'ilishinda' kwenye kesi hiyo. Njia nzuri ni kwa Mahakama kutamka kuwa sheria
hiyo inatumika Tanzania (na hivyo bunge kuiweka katika vitabu vya sheria) au Law Reform
Commission kupendekeza mabadiliko hayo!
[SIZE=+2]Profiles: Who are the O.J. Simpson jurors? [/SIZE]
Jurors
- 28-year-old married black woman, works for the post office, high school graduate; said as a young child, she watched her father beat her mother and "as an adult I don't go for any man being abusive to me''; said she wasn't familiar with DNA; was "shocked'' to hear Simpson was a suspect.
- 24-year-old single black woman, works at a Los Angeles hospital, one year of college; said she has had no experience with domestic violence; said of both sides in the case: "Everybody has a lot to lose or gain.''
- 50-year-old divorced black woman who works as a county collections vendor, two years of college; said she "respects (Simpson) as an individual based on his past accomplishments.''
- 32-year-old single Hispanic man, delivers Pepsi, high school graduate; said Simpson was "a great football player.''
- 37-year-old married black woman, works in a post office, high school graduate; said she doesn't think Simpson "acts too well'' in movies and described the freeway pursuit that ended in Simpson's arrest as "stupid.''
- 38-year-old single black woman, environmental health specialist whose father was a police officer, college graduate; said the 911 tapes of Nicole Brown Simpson calling for police help as Simpson broke through her door in October 1993 "sound frightening.''
- 52-year-old divorced black woman, postal worker, high school graduate; described Simpson as "only human.''
- 22-year-old single white woman who handles insurance claims, college graduate; said she was shocked when she heard Simpson was a suspect.
- 43-year-old married black man who works as a phone company salesman, high school graduate; said he thought Simpson was a good football player; alternate juror until Jan. 18.
- 60-year-old divorced white woman who is a retired gas company clerk, one year of college; said she was the lone holdout in another murder case and managed to get other jurors to change their minds; alternate juror until March 17.
- 44-year-old single black woman who fixes computers and printers for county Superior Court, high school graduate; said Ms. Simpson "wasn't a saint''; had no opinion about whether Simpson is innocent or guilty; said in jury selection, "If I'm not picked, I can look at it and say, they let a good one go;'' alternate juror until April 5.
- 71-year-old married black woman, retired cleaning worker, completed 10th grade; said of the case: "I haven't come to no conclusion one way or the other. ... I don't know nothing about no O.J. Simpson;'' alternate juror until May 26.