[speaker001:] okay
[speaker002:] well I say the uh probably the best thing to do is is tie them with a rope and throw them in the water if they sink they're innocent right
[speaker001:] I see uh a good a good southern solution
[speaker002:] yeah uh so uh how do you how do you feel that's that's of course being facetious but yeah
[speaker001:] uh-huh you have to say that um I don't know the the things they asked to talk about were whether the uh whether the judge should be the one that does the uh sentencing and seems to me that that's I think that's the way it's done now uh at least
[speaker002:] um-hum
[speaker001:] my understanding of the law which isn't very good uh
[speaker002:] uh-huh
[speaker001:] it seems to me that the judge does it and I I think that's probably all right in that they you know maybe know what the the norm is for a particular thing
[speaker002:] um-hum and I guess also what the system will absorb
[speaker001:] right
[speaker002:] they're probably more tuned in to that possibly though on um capital cases like maybe the death penalty
[speaker001:] uh-huh
[speaker002:] uh I'm kind of undecided on that whether the judge should have the sole I mean he could have like a personal prejudice you know judges are people like everybody else even though they're they're supposed to be impartial but
[speaker001:] that's right
[speaker002:] maybe uh
[speaker001:] and I think that may I that may be an exception as well because I think that doesn't the jury decide on the death penalty rather than than the judge
[speaker002:] I I think that's I think that's the way it is uh whether they they decide whether or not they uh
[speaker001:] yeah
[speaker002:] uh accused or whatever would get the uh get the death penalty do they have a death penalty in California
[speaker001:] yes in fact they're going to execute somebody at the end of this month and uh
[speaker002:] yeah um-hum
[speaker001:] there's a big uproar going on right now uh the uh Governor you know has been trying to decide whether he's going to commute it or not
[speaker002:] yeah um-hum
[speaker001:] it was someone who had uh killed two teenage boys here in San Diego as a matter of fact
[speaker002:] yeah I something like that I've got no problem with them
[speaker001:] yeah
[speaker002:] um I guess the way I think about it is not it shouldn't necessarily be thought of as revenge it's just like if you've got like a dog that's running wild and biting people put it to sleep you know just get it out you know it's not able to fit in you know
[speaker001:] uh-huh something inexpensive
[speaker002:] yeah yeah exactly um I guess kind of the way I think about it also is they just if somebody gets the death penalty they're they're judged guilty they got the death penalty they should have one year and one appeal cover all their bases with one appeal and if not you know don't don't let them sit up there on death row for you know fifteen years
[speaker001:] yeah I think this particular case has been like ten or fifteen years
[speaker002:] uh-huh
[speaker001:] but I guess there have been several cases where people have been executed by mistake and you'd hate to be one of those
[speaker002:] yeah that's a yeah oh I'm I'm sure yeah
[speaker001:] the other thing they asked about was whether uh uh the verdict should be required to be unanimous which again I think is the way it is now that all that all verdicts well maybe not I don't know at least in capital cases I'd think they'd have to be unanimous
[speaker002:] um-hum I I believe it is in capital I think in like uh lesser cases it's like ten out of twelve or five out of six whatever
[speaker001:] uh-huh
[speaker002:] however many is on sitting on a jury I I believe that's the way it is but I'm pretty sure you're correct on capital cases um
[speaker001:] yeah the paper here tonight had a thing about the Noriega trial and that there's one juror that is is uh different than the other eleven
[speaker002:] uh-huh yeah
[speaker001:] and uh they've only deliberated four hours or something and they say they're hopelessly deadlocked
[speaker002:] oh no
[speaker001:] judge told them they weren't hopelessly deadlocked yet
[speaker002:] I'm telling you go one way or the other that that's probably an expensive trial
[speaker001:] yeah six months so far they said so
[speaker002:] uh yeah probably yeah I'm I'm sure there's a number it's probably like thirty forty thousand dollars a day you know worth of all the food for all
[speaker001:] maybe they could go with a with a nine hundred number and have people dial in and give their uh vote
[speaker002:] yeah  yeah that's that's been so long I've practically practically forgot who Noriega was you know
[speaker001:] right
[speaker002:] that has been going on my uh cousin is a FBI agent down in Miami
[speaker001:] oh really
[speaker002:] yeah so she follows that stuff pretty closely but uh yeah she's not involved in that that case
[speaker001:] that's interesting well have you ever served on a jury
[speaker002:] she doesn't no I haven't I never have my wife has but I I haven't
[speaker001:] uh-huh I got called but I uh never uh got selected for a jury I sat for twelve ten days in a court room while they went through the selection process and they had
[speaker002:] uh-huh uh-huh
[speaker001:] some guy that was uh defending himself
[speaker002:] oh