[speaker002:] there you go
[speaker001:] um-hum
[speaker002:] well well Jean the subject is uh jury trials and should the jury recommend uh sentencing
[speaker001:] uh-huh
[speaker002:] uh now my personal opinion uh I don't know uh uh here lately it seems well up until a few years ago I guess there there was uh there just too many liberals about and permitting too many oh they just broaden the the human rights in to to cover just about everybody everybody and I don't think uh
[speaker001:] um-hum
[speaker002:] those guilty of committing capital crimes should be uh permitted to go spend a few years in jail and be turned loose on parole it's just not right
[speaker001:] um-hum I think I agree with that very much I do you
[speaker002:] and therefore I think juries should be able to recommend sentencing
[speaker001:] I do you think a lot of people when they are listening to a trial put themselves in a position like that and say I would never do something like that and it's hard for them to believe that somebody else could do the things that have been done
[speaker002:] uh yes very possibly so many of us have led led sheltered lives that uh when we go into a sit in on a a a jury I've never done it myself
[speaker001:] um-hum um-hum I never have either
[speaker002:] unfortunately I wish I could have
[speaker001:] uh-huh uh is there a reason why you have never
[speaker002:] I've just never been called up
[speaker001:] uh-huh my husband works as a policeman so I always assumed that that was why I was never called uh-huh
[speaker002:] well now that's possible but uh I was called up as an an alternate once but I never made it to the jury
[speaker001:] uh-huh uh-huh uh do they have such a thing now as a six man jury
[speaker002:] not that I know of
[speaker001:] somebody told me the other day that there is what what they call a six man jury and I had never heard of such thing and I wondered if it was true
[speaker002:] uh-huh uh I've never heard of it
[speaker001:] I never had either but I just wondered uh another question was uh should a criminal case uh should the jury be unanimous on their decision and that I wasn't sure on either whether it should be unanimous or not
[speaker002:] uh well there again uh I suppose it should be
[speaker001:] that would mean they all would have to decide
[speaker002:] exactly exactly
[speaker001:] one way or the other
[speaker002:] is it guilt or innocence but then again so many times uh you get one or two holdouts and and it permits the criminals to get a retrial
[speaker001:] uh-huh um-hum yeah yeah
[speaker002:] and now that that's not too bad in this sense because you might get someone in their that's a victim of circumstances I mean that's happened
[speaker001:] um-hum um-hum um-hum
[speaker002:] and uh giving them another another another trial might give them additional time to uh prove their innocence
[speaker001:] bring some of these things out um-hum
[speaker002:] yes uh we can't overlook the fact that there are innocent people that do get involved in jury trials
[speaker001:] uh apparently there are I I I since my husband worked as a policeman I can't believe there are very many people that come to trial that have are not guilty of something some part of whatever they're accused of I have I still have a little bit of a problem with that
[speaker002:] hum um-hum
[speaker001:] uh but I would suppose there are circumstances you're in the wrong place at the right time or know the person wrong person at the right time
[speaker002:] oh that's it and you just might resemble somebody
[speaker001:] um-hum
[speaker002:] uh out here in Texas we had a a a a great miscarriage of justice here it was finally after nine years it was finally uh uh uh taken care of we had a a a black man was accused simply because he resembled uh someone who stuck who who held up a uh a a 7-Eleven I think it was
[speaker001:] um-hum ah um-hum um-hum um-hum
[speaker002:] and even though he had witnesses that said that uh he was at work and he had all sorts of of a uh character witnesses and whatnot
[speaker001:] they still found him guilty
[speaker002:] they they found him guilty
[speaker001:] when people said he was at work
[speaker002:] well they said it was that this happened during lunch time and he could have disappeared uh gotten away at lunch time and uh committed the robbery
[speaker001:] uh-huh well uh-huh yeah
[speaker002:] but after nine years well as a matter of fact they made a TV show about it after nine years they finally uh came up with evidence and proved to prove that he was innocent
[speaker001:] uh-huh oh for heaven's sake so there's nine years of that man's life gone um-hum
[speaker002:] exactly now that just was not fair
[speaker001:] no huh-uh yeah I guess that's where a lot of the problem lies we're we try bend over backwards protecting the guilty people the one's that are on trial
[speaker002:] so yes unfortunately that's what happens
[speaker001:] and yeah and we often forget about the one that the injustice has been done to because I bet they still say our system is the best in the world
[speaker002:] well it's not the uh uh it's it's it's not the best system but it's the best one in the world
[speaker001:] yeah it's the best one that exists I guess so
[speaker002:] uh-huh and unfortunately we just have to put up with a lot of things and they they trying to solve them and everything and but uh oh I don't know I think the Supreme Court
[speaker001:] um-hum
[speaker002:] well I'm I'm I'm still rankled about their decision to permit burning of the flag
[speaker001:] oh I think a lot of people are I think they've lost sight of some things that are very important to our country
[speaker002:] well it the the uh the first amendment definitely says freedom of speech not freedom of action
[speaker001:] um-hum yeah yeah
[speaker002:] and uh uh oh that just rankles me no I swear if I ever saw somebody that
[speaker001:] um-hum
[speaker002:] uh burning burning a flag I'd I'd try to kill them I would
[speaker001:] that bad huh I wouldn't like it but I don't know if I'd go that far
[speaker002:] well I happen to be a flag freak I served I was in the service I was in Korea
[speaker001:] uh-huh uh-huh
[speaker002:] and uh well I saw what the red in the flag represents
[speaker001:] yeah well I think pride in our country and our flag is is so important it's important in so many facets of our life
[speaker002:] um-hum
[speaker001:] and uh I I I feel like if they don't people don't like what our flag stands for they're welcome to go some place else exactly
[speaker002:] yeah see what they
[speaker001:] there's nobody holding them here
[speaker002:] see what how they like it under another flag
[speaker001:] right they'd soon be back I'm sure
[speaker002:] um-hum
[speaker001:] yeah
[speaker002:] well Jean we seem to be of of uh uh the same uh uh opinions here I hope they get something out of this
[speaker001:] um-hum yeah I don't know about the judge making the decision if that's do you think that's good you know like if a jury
[speaker002:] oh passing sentence well uh uh yes
[speaker001:] uh-huh
[speaker002:] yes but I I think the jury should be able to recommend
[speaker001:] make a recommendation do they sometimes make a recommendation that's what I was thinking they they sometimes do
[speaker002:] yes oh yes yes uh I don't know if that's a regular procedure or what
[speaker001:] um um-hum
[speaker002:] but uh I know I'm always hearing that uh well the jury came in with a guilty guilty verdict and they recommended uh twenty years or something
[speaker001:] and they recommend some yeah and then the judge has the final decision on what does really happen
[speaker002:] yes
[speaker001:] yeah
[speaker002:] of course uh now the jury may not be completely aware of all the ramifications of a sentence uh they may not know that if you give him twenty years he can get out in five
[speaker001:] um-hum well I think that's where a lot of people think boy they're getting put away for a long time but actually their chance course when a lot of times when they come up for a parole they're denied it depends on you know what they're what they'd been guilty of and
[speaker002:] um-hum
[speaker001:] and a lot of different things I guess
[speaker002:] yeah but too many times they they are permitted permitted to go out on parole and
[speaker001:] um-hum a lot slip through the the protective whatever they have to do and and there are bad ones that do slip back out and end up hurting somebody again
[speaker002:] yes they just go out and repeat their crimes
[speaker001:] um-hum um-hum
[speaker002:] well there well they say after after three offenses why it's automatically life in prison but I think they ought to make it two offenses
[speaker001:] um-hum um-hum I always thought there was there was wrong it seems sometimes that like somebody who is stealing a loaf of bread to feed his family got more jail sentence than somebody maybe that killed somebody it seemed like there sometimes there's not a good the balance isn't right it doesn't make sense
[speaker002:] um-hum uh yeah very true well here again now there is where race seems to rear its ugly head so so frequently
[speaker001:] um-hum um-hum
[speaker002:] uh race or nationality even
[speaker001:] um-hum yeah so
[speaker002:] but uh like you said it's uh it's it's it's not the best system but it's the best one we've got
[speaker001:] yeah right so let's put up with it I guess improve it if we can if we ever get a chance so
[speaker002:] um-hum sure enough
[speaker001:] so
[speaker002:] Jean it's been awful nice talking to you
[speaker001:] well it's been nice talking to you Jack and uh I hope you have a real good day and week
[speaker002:] well let's hope neither one of us ever have to run into this this uh with subject we've been discussing take care now bye
[speaker001:] I hope not you too bye-bye