[speaker001:] okay um well it's not such a bad idea to think about judges uh you know taking the idea of uh uh sentencing in into their hands versus you know the jury especially if it's a highly publicized case such as uh you've got cases right now that are going on that everybody's very well informed of or have read uh certain uh things in regards to cases like the Dahmer case in Milwaukee and stuff so it's it may be an idea to think about you know cost trying to find a jury so you can get a jury as far as
[speaker002:] yeah
[speaker001:] um they may say they're not biased but deep down they are against against this person or whatever so um I don't think it's such a bad idea to think about so
[speaker002:] right that a that a a a judge would be more consistent from one case to the next and not not depend and and uh
[speaker001:] exactly
[speaker002:] not depend so much on the on the emotions of a particular case but be able to put it in overall perspective well I I I certainly haven't thought much about this but um
[speaker001:] um-hum yeah
[speaker002:] yes yes some of them some of them do and some of them don't but uh this one uh
[speaker001:] catches you off guard doesn't it
[speaker002:] I was trying to remember back it seems to me that that you know when I studied civics in school or stuff that this
[speaker001:] um-hum
[speaker002:] the juries being involved in the sentencing wasn't wasn't so much and I'm I'm trying to figure out whether that's I'm remembering wrong or whether that's a by state
[speaker001:] I didn't think they were either I thought the sentencing was done by the judge and it's either guilty or not guilty
[speaker002:] yeah yeah and uh I guess I guess uh and I don't know whether it's by state or whether there's been some
[speaker001:] changes
[speaker002:] Supreme Supreme Court decision perhaps that said that uh that uh as part of the trial by the peers that I had to include the sentencing or too or whatever I'd yeah but I
[speaker001:] um-hum
[speaker002:] yeah I I certainly wouldn't be uh uh worried about that I guess in terms of the uh uh you know having having a judge do it would seem to me to be more more fair and and uh unbiased uh
[speaker001:] oh sure yeah yeah
[speaker002:] in terms of doing away with the with the unanimous jury I guess I guess I uh would be a little more leery of that kind of a change in in a trial system that that's just a such a tradition that it's a that it's got to be a unanimous jury that uh
[speaker001:] exactly exactly
[speaker002:] I don't know where you'd where you'd draw the line anywhere else uh you know uh two thirds or three fourths or whatever but uh
[speaker001:] yeah yeah um-hum
[speaker002:] and and I I I certainly wouldn't feel comfortable with just a just a bare majority um
[speaker001:] exactly uh-huh yeah that's kind of how I you knows in certain cases I can see them going uh uh just basically with a judge guilty or not guilty verdict
[speaker002:] yeah yeah
[speaker001:] uh simply from a judge in highly publicized cases versus the small um maybe uh you did a crime that was uh burglary or whatever and it goes into the court case or whatever and it's not highly publicized but when you get into these highly publicized cases where everybody knows details whether it's through the National Enquirer or whatever
[speaker002:] whatever yeah
[speaker001:] um it's the idea that a person might initially have this thought well jeez this person's guilty no matter what I'm not gonna listen to the facts or and and
[speaker002:] yeah
[speaker001:] con their way into uh getting past the lawyers and and getting through that but um also there's the aspect of cost and I I'm not quite sure how much cost it does take for uh the judicial system to try and call a jury whether it's uh very costly or if it's something that's not costly or what you know being that I'm not in the that area I really don't know but I wonder
[speaker002:] yeah
[speaker001:] if there is some big expense in trying to call a jury to trial and then having to pay whatever they have to pay if there's something that they have to pay I know companies have to pay for these people to be off from work or at least give them the time off
[speaker002:] yeah
[speaker001:] from work uh whether it I think it's with pay if I remember jury duty is with pay
[speaker002:] well and and I'm I'd I'd I know it is I know it is where I where I work but I'm not sure that that's
[speaker001:] and uh it's not it hm
[speaker002:] that that's necessarily required uh you know by law that it has to be paid um
[speaker001:] paid right
[speaker002:] I suspect that's a that's a benefit of a bigger company but but there are certainly some
[speaker001:] um-hum some that may decide not to
[speaker002:] some that some that wouldn't uh yeah
[speaker001:] hm