[speaker001:] Okay.
[speaker002:] I say they, uh, probably the best things to do is, is tie them with a rope and throw them in the water if they sink [LAUGHTER]
[speaker001:] I see. A
[speaker002:] they're innocent right.
[speaker001:] a good, a good southern solution.
[speaker002:] [LAUGHTER] Yeah. Uh, so, uh, how do you, how do you feel? Th-, that's, of course, being facetious but [LAUGHTER].
[speaker001:] Uh-huh. You'd have to say that.
[speaker002:] [LAUGHTER].
[speaker001:] Uh, 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.
[speaker002:] Uh-huh.
[speaker001:] And seems to me that that's, I think that's the way it's done now. Uh, at least,
[speaker002:] [Child talking].
[speaker001:] my understanding of the law which isn't very good.
[speaker002:] Uh-huh.
[speaker001:] Uh, 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
[speaker002:] [Child] Uh-huh.
[speaker001:] for a particular thing.
[speaker002:] And, I guess, also what the system will absorb [child talking].
[speaker001:] Right.
[speaker002:] Probably more tuned in to that. Possibly though on, uh, 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
[speaker001:] That's right.
[speaker002:] even though they're, they're supposed to be impartial but 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.
[speaker001:] Yeah.
[speaker002:] Uh, whether they, they decide whether or not they, uh, [child talking] the accused or whatever would get the, uh, get the death penalty. Do they have a death penalty in California? [child talking].
[speaker001:] Yes. In
[speaker002:] Yeah.
[speaker001:] fact, they're going to execute somebody at the end of this month.
[speaker002:] Uh-huh.
[speaker001:] And, uh, there's a big uproar going on right now. Uh
[speaker002:] Yeah. [child talking].
[speaker001:] the, uh, Governor, you know, has been trying to decide whether he's going to commute it or not.
[speaker002:] Uh-huh.
[speaker001:] You know, it's someone who had, uh,
[speaker002:] [Child talking].
[speaker001:] 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 [inhaling] it. Uh
[speaker001:] Yeah.
[speaker002:] I guess the way I think about it is [child talking] 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
[speaker001:] Uh-huh.
[speaker002:] put it to sleep, you know. Just get it out, you know, it's not able to fit in, you know [child talking].
[speaker001:] Something inexpensive.
[speaker002:] Yeah. Yeah, exactly [child talking]. Uh, I guess,
[speaker001:] [Noise].
[speaker002:] 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, [LAUGHTER] fifteen years.
[speaker001:] Yeah. I think this particular case has been like ten or fifteen years.
[speaker002:] Uh-huh. Yeah, that,
[speaker001:] But I guess there have been several cases where people have been executed by mistake and
[speaker002:] Yeah. Oh, I'm sure [child talking].
[speaker001:] you'd hate to be one of those.
[speaker002:] Yeah.
[speaker001:] The other thing they asked about was whether uh, uh, the verdict should be required to be unanimous.
[speaker002:] Uh-huh.
[speaker001:] Which, again, I think is the way it is now. That all the, all verdicts, well maybe not. I don't know. At least in capital cases I'd think they'd have to be
[speaker002:] I believe it is
[speaker001:] unanimous.
[speaker002:] in capital. I think in like, uh, lesser cases it's like ten out of twelve or five out of six, whatever [child].
[speaker001:] Uh-huh.
[speaker002:] How ever many is on, sitting on a jury. I t-, I believe that's the way it is. But I'm pretty sure you're correct on capital cases. Uh [child],
[speaker001:] Yeah. The paper here tonight had a thing about the Noriega trial.
[speaker002:] Uh-huh.
[speaker001:] And that there's one juror that is, is, uh, different than the other eleven.
[speaker002:] Yeah.
[speaker001:] And, uh, [talking] [NOISE] they've only deliberated four hours or,
[speaker002:] [Child talking].
[speaker001:] something and they say they're hopelessly deadlocked.
[speaker002:] Oh, no [LAUGHTER].
[speaker001:] And the judge told them [LAUGHTER],
[speaker002:] [LAUGHTER].
[speaker001:] they weren't hopelessly deadlocked yet [LAUGHTER].
[speaker002:] [LAUGHTER] [child talking] I'm telling you, go one way or the other. That, that's probably an expensive trial. Uh,
[speaker001:] Yeah. Six months so far they said.
[speaker002:] Yeah. Probably.
[speaker001:] So.
[speaker002:] Yeah. Probably. You know, I'm not sure there's a number. It's probably like thirty, forty thousand dollars a day [child talking] you know, worth of all the free 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:] [LAUGHTER] Yeah [LAUGHTER]. Yeah, that's, that's been so long I've prac-, practically forgot who Noriega was, you know.
[speaker001:] Right.
[speaker002:] [LAUGHTER] That has been going on [talking]. My, uh, cousin is a F B I agent down in Miami.
[speaker001:] Oh really?
[speaker002:] Yeah. So she [LAUGHTER] follows that stuff pretty closely. But, uh,
[speaker001:] That's interesting.
[speaker002:] [Talking] Yeah, she's not involved in that, that case. But she does,
[speaker001:] Well have you ever served on a jury?
[speaker002:] 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 [static],
[speaker002:] Uh-huh.
[speaker001:] I [cough] [in background] sat for tw-, ten days
[speaker002:] Uh-huh.
[speaker001:] in a court room while they went through the selection process,
[speaker002:] [Child talking].
[speaker001:] and they had some guy that was, uh, defending himself.
[speaker002:] Uh-huh.