[speaker001:] [Breathing] Well, th-, the question was talking about the juries and, uh, one of the things I thought about was a lot of the drunk cases that they were having, that, especially for repeat offenders that, uh, maybe there should be stiffer penalties for those people who come back again and again. Uh, so that, uh, a judge, I think, would be the most appropriate person to, uh, to be able to sentence somebody since they do it over and over again every day.
[speaker002:] Right. I, I kind of agree with that,
[speaker001:] [Buzz] [NOISE]. *slash error
[speaker002:] because I think in some cases, uh, the jury may not even have,
[speaker001:] [Child talking]. *slash error
[speaker002:] the information about other crimes the person has committed.
[speaker001:] Right. *slash error should be 'aa'
[speaker002:] Uh, I, I think that in some cases that's considered to prejudice the current case
[speaker001:] Right [very faint].
[speaker002:] so a judge, you're right, should have the whole dossier of the criminal [LAUGHTER]
[speaker001:] [Child talking] Uh-huh.
[speaker002:] there and if they're judged guilty would probably be in a better pri-, position to give an appropriate, uh, sentencing.
[speaker001:] Yeah. See I agree with you. Uh, one thing I heard was this, where they have, instead of going to the regular court, they have a, a mock court. I mean, it's supposed to be all legal and everything. Uh, you go and you present your case, the other side presents their case and you're done with it. It's almost like the NIGHT COURT we see on T V.
[speaker002:] Uh-huh.
[speaker001:] Uh, and, uh, but it's not that we have, uh, such, it didn't backlog or all of the, uh, the cases that are, uh, all ready pending. Uh, so I, that was one thing I thought about that would be really neat if we could do it that way.
[speaker002:] In other words, not,
[speaker001:] [Buzz].
[speaker002:] not, there would be some types of crimes for which you're not guaranteed a jury trial?
[speaker001:] Yes. Yes. Now,
[speaker002:] I, I, I don't, th-, there's a point on which we don't agree.
[speaker001:] Uh-huh.
[speaker002:] I would tend, myself, to say that [sigh] we should continue to guarantee a jury trial for criminal cases anytime a, anytime a, one of the parties wants one.
[speaker001:] Uh-huh.
[speaker002:] And I, usually it is the defendant, I guess, that wants to have the jury hear the case.
[speaker001:] Sure.
[speaker002:] So I'm not out for streamlining things to the point where we, uh,
[speaker001:] [Breathing]. *slash error
[speaker002:] take that, you know, that would require a change in the Bill of Rights, I believe and so,
[speaker001:] Oh, yes *slash error should be aa and, and I wasn't, I didn't mean that [LAUGHTER].
[speaker002:] Oh, oh, okay.
[speaker001:] I, I didn't mean that, no. Because, I mean, gee whiz, if I was, uh, uh, didn't have that right, you know, not to have a jury that, oh yes, I would feel, uh, you're right, that my civil rights had been violated. But I meant for some, when both parties agreed that yes, we're going to have a judge here. We're not going to have a jury, you know, let's get it over with. Sort of like car accidents, you know,
[speaker002:] Right. Well I think that's all ready possible.
[speaker001:] Yeah.
[speaker002:] I think,
[speaker001:] [Buzz]. *slash error
[speaker002:] that you can waive the right to a,
[speaker001:] [Buzz]. *slash error
[speaker002:] jury trial uh, yeah
[speaker001:] Right, *slash error should be 'aa' right [child talking].
[speaker002:] so. I agree that that should be encouraged.
[speaker001:] Uh-huh.
[speaker002:] People should know that that's an option just in case they feel they have to have a jury trial. But I think most lawyers do a pretty good job of making that evident to, to clients unless they feel they can, you know, tweak a jury into [LAUGHTER]
[speaker001:] Right. Giving a different sentence.
[speaker002:] per-, giving a different sentence or possibly, if it's a civil case, giving higher, uh, you know, awards of money or something
[speaker001:] Uh-huh.
[speaker002:] since usually the lawyers get a percentage of the, the award.
[speaker001:] The take. Right.
[speaker002:] Yeah. And I suspect it, in cases like, I guess we were supposed to be doing criminals though, rather than civil. Is that right?
[speaker001:] Well, I, I, i-, we're at liberty to, to talk and, and meander as long as it's all on the same theme.
[speaker002:] Yeah.
[speaker001:] Uh-huh.
[speaker002:] Well, uh, in the case of,
[speaker001:] [Noise]. *slash error
[speaker002:] civil, uh, things, I think maybe the, the use of the jury is very,
[speaker001:] [Talking]. *slash error
[speaker002:] often to the lawyer's advantage and I think that may be where jury use is overdone,
[speaker001:] [Buzz]. *slash error
[speaker002:] I mean there are cases where they could be settled,
[speaker001:] [Buzz]. *slash error
[speaker002:] maybe
[speaker001:] Right. *slash error should be 'aa'
[speaker002:] out of court a little more efficiently.
[speaker001:] Right.
[speaker002:] But the lawyers are really, uh, it's to their advantage to play to as big an audience [LAUGHTER],
[speaker001:] [Child talking]. *slash error
[speaker002:] as possible
[speaker001:] Uh-huh. *slash error should be 'b'
[speaker002:] so. Uh, I was wondering too, if they were thinking of about the judge making awards in civil cases
[speaker001:] Uh-huh.
[speaker002:] not just sentencing in, in a criminal cases.
[speaker001:] Uh-huh.
[speaker002:] Uh, I'm not so sure I'm in favor of that. But I am in favor of it for criminal cases so there's a difference of my view there for those two.
[speaker001:] Right. Right. Yeah, bu-, well you can tell I haven't been in too many juries [LAUGHTER], judges chambers or anything like that [LAUGHTER].
[speaker002:] [LAUGHTER] Have you ever had to serve jury duty?
[speaker001:] N-, well I was called once when I was nineteen
[speaker002:] Uh-huh.
[speaker001:] and, uh, but I was doing so many other things that they took pity on me and, I was doing school and things like they, they let me out.
[speaker002:] Uh-huh.
[speaker001:] An-, I've never had to it since and that was almost twenty years ago [LAUGHTER].
[speaker002:] Uh-huh. It isn't, sort of amazed me they first caught up with me for the first time,
[speaker001:] [Buzz]. *slash error
[speaker002:] in, uh, that would have been about, uh, twenty years too
[speaker001:] Uh-huh. *slash error
[speaker002:] uh, uh, just last year and, uh, the case I heard was a criminal case and it seemed it really,
[speaker001:] [Child talking].
[speaker002:] trivial. It involved two bicycles.
[speaker001:] Uh-huh.
[speaker002:] We didn't do the sentencing. The judge did.
[speaker001:] Huh.
[speaker002:] So
[speaker001:] How interesting.
[speaker002:] we, we a-, rendered a verdict and then the judge was the one to do the sentencing.
[speaker001:] Uh-huh, Uh-huh [breathing].
[speaker002:] [Swallowing] [lipsmack] And that was here in Wisconsin. So I, I don't know if that varies from state to state or if it,