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Melbourne Trial Aborted Due To Crime Web Site

Chatz writes: "The jury in a murder trial in Melbourne was dismissed because the details about a previous trial of the accused are available on CrimeNet (www.crimenet.com.au). There was no evidence that any of the jurors had seen the information and the information is publicly available in newspaper archives. Here is a link to the story." This sets an odd precedent, to say the least. Perhaps criminals would benefit by describing their crimes in excruciating detail as soon as they're apprehended. What do y'all think down under?

196 comments

  1. Crime Net's accuracy by Anonymous Coward · · Score: 1
    He said the CrimeNet entry regarding yesterday's case featured material that was either incorrect, partly correct or in dispute. He said the trial and retrial were quite different, because a co-accused was not mentioned in the retrial and the accused man was using different defences.

    I'm surprised this didn't get a higher mention, that the judge rejected this trial because CrimeNet was likely to mislead the jurors, after rejecting a CrimeNet mention as ground for dismissing a trial earlier in the week.

    Considering CrimeNet openly state they rely on newspaper reports, I'm not too surprised. I remember several years ago, a house near my parents was destroyed, because a (homeless)pedophile, when arrested, gave his home address as that of the relatives who had turned him in. The court reports mentioned that he hadn't lived there for several years, but the newspaper reports only mentioned "Mr X, of 42 Blah Rd....". Self appointed vigilantes made sure that the family paid for turning him in.

    Personally, I stopped believing that bad things only happen to bad people a long time ago. I find the idea that I could find my life getting shafted because of what someone typed into a web site fairly repugnant. I've been falsely accused of a crime, and it amazed me how many people just assumed that 'only criminals get arrested'. One of the things that these people seem to forget in their 'get tough on crime' stances, is that every wrong conviction they get, leaves a criminal free to start again with a clean slate, because someone else is paying for his crimes.

    Melbournite.

  2. A couple thoughts by Alik · · Score: 1

    One is that this might actually be a valid use for censorware. You can use a keyword-based system that only blocks web pages which contain the full name of persons involved in the trial. It's not perfect, but if there's a web page a juror really needs to see, it seems to be a simple matter of asking the judge to have it specifically whitelisted.

    Of course, since you'd need to be able to install that software on any platform, that means you'd need to develop censorware for Linux/BSD. (I'm assuming nobody runs IRIX or OSF or any of that stuff on a machine which they'd actually be using while stuck on jury duty.)

    To me, barring jurors from reading info about the accused isn't true censorship, because they always have the option to read it once the trial is done. If you go to the library to get a book and someone else has checked out that book, that's not censorship --- you just have to wait.

    Also, can some lawyer/historian type person explain what's up with this particular way of preventing jury bias? It seems to me that a defendant's past history is very relevant. If he's got multiple murder convictions, it probably is more likely that he did the one he's on trial for now. Yes, there will be bias, but that's what happens when you violate social contracts --- people stop trusting you. I think that's fair, and it's probably one of the better incentives not to commit crimes.

    1. Re:A couple thoughts by Alik · · Score: 1

      History is circumstancial. It's not proof.

      Yes, but there is no true proof in a courtroom. Maybe he really was framed. Maybe the DNA samples were switched at the lab, or worse yet, this is one of those cases where the test fails. (There are actually a lot of those if one is doing a sufficient amount of DNA testing, which is why I'm a bit scared that DNA is currently treated as though God came down out of the sky and said "He did it.") Maybe the eyewitness is mistaken or lying.

      In short, it all comes down to the subjective opinion of twelve people based on all sorts of testimony, much of which is also based on subjective criteria. If you're going to let that much noise into the system, adding in the prior record isn't going to introduce significant inaccuracy, IMHO.

      Note that I'm not saying that the judicial system is bad for being the way it is. I think it works much of the time, with exceptions made for anything involving the rich or the powerful.

    2. Re:A couple thoughts by Alik · · Score: 1

      The *more likely* part of your statement is for the police to investigate, not for the jury to consider. The jury is concerned with the facts of *this* murder. Past history should not be entered as evidence (it's circumstantial, and could be misleading.)

      We accept psychological opinions as evidence in trials (or at least we do in the USA). To me, knowledge that a person has killed before, and especially that he/she has killed repeatedly, is information about his/her psychological makeup. If nothing else, it shows that any prior claims of reform and repentance were not sincere. This means that I should also distrust any statements that the defendant may make in the current trial; what is a charge of perjury to one who is on trial for murder?

      Lie detector technology doesn't really work. The only known way to detect bullshit is via context and contradictory evidence. Details of someone's criminal history seem to be useful in this regard and therefore seem likely to lead to improved decisions, and therefore I'd say juries should have access to them.

    3. Re:A couple thoughts by Tiny+Ant · · Score: 1

      I conceed that past history may show penchance for performing the act in question, but it really doesn't mean it's evidence.

      Suppose for one year I drove drunk every Friday. Then for a year I went to AA meetings every Friday.
      Then someone got killed by a drunk driver on Friday. Did I do it?

      You *must* look at the evidence. Hard cold evidence. History may or may not lead you to the right conclusion.

      Sure rapists, drunks, killers may be repeat offenders, but it only shows that the person charged could do it, not that they did. Should we let murderers go if they it's a first offence. After all, every day of their life before the killing, they didn't kill anybody, thus, they have proven they couldn't do it. Bullarky! History is circumstancial. It's not proof.

    4. Re:A couple thoughts by Tiny+Ant · · Score: 1

      Your arguement of adding past history won't add significant inaccuracy, doesn't ring true for me.

      Any fact which adds bias to guilty but does not directly concern the current trial should be left out so that the jury can concentrate on facts (and falsities) presented during the trial.

      Really comes down to impressions. Who will be more likely convicted of a crime (all other things being equal): One who dresses in a nice suit, and is clean shaven, or one who sports torn jeans, leather, uncombed hair, and a ratty looking beard. That's why lawers get their clients to get cleaned up and dressed nicely for court.

      Justice needs to be blind to impressions, and see only the facts relating to the case at hand.

      On DNA. Here we are talking about odds. The odds are 1 in 10,000,000,000 or something like that. Such odds do *not* preclude that two people can't have the same DNA. It means that they *can*. Unlikely, but it can happen.

    5. Re:A couple thoughts by Alik · · Score: 1

      Any fact which adds bias to guilty but does not directly concern the current trial should be left out so that the jury can concentrate on facts (and falsities) presented during the trial.

      But someone's psych profile and behavior patterns are relevant to the current trial, because they give some probabilities of what this person is likely to have done. Do you deny that the probability of someone having done a particular murder given that he's killed before is higher than the probability given that he hasn't?

      looking beard. That's why lawers get their clients to get cleaned up and dressed nicely for court.

      So? If someone has so little respect for the justice system that he comes to court wearing a t-shirt saying "KILL EVERYTHING", I can reasonably infer that he also has no respect for laws, and thus is more likely to be a criminal.

      On DNA. Here we are talking about odds. The odds are 1 in 10,000,000,000 or something like that. Such odds do *not* preclude that two people can't have the same DNA. It means that they *can*. Unlikely, but it can happen.

      1) The odds are a lot closer to 1/1 than that, by at least 3 orders of magnitude.

      2) I know there can be DNA match errors; I've worked as a molecular biologist. This is precisely my point. In any database encompassing a country or state, there is a signficant chance of a given person matching an arbitrary probe by pure chance. Thus, DNA evidence must not be treated with the "pure truth" status it currently enjoys.

    6. Re:A couple thoughts by Stonehand · · Score: 1

      I believe that in the U.S., the prosecution team can ask the judge to allow testimony regarding prior criminal record in order to impugn a defendant's credibility, if the defendant takes the stand.

      However, it seems that if the defendant does take the stand, and does not pre-emptively bring up his own criminal history, there may be ground for an appeal if the prosecution does and an appeals court takes a different view from the judge. The U.S. Supreme Court lately noted that if the defendant brings up his own history, this does NOT provide grounds for an appeal.

      --
      Only the dead have seen the end of war.
    7. Re:A couple thoughts by Tiny+Ant · · Score: 1

      A prior conviction does not make anyone *more guilty*. May make them more likely to have happened to do it than someone who never has performed that act before, but prior guilt of similar crimes does not make a person guilty of another crime.

      Who is likely more guilty a prior murderer, or someone else whos finger prints are on the gun...
      We shouldn't try to convict the prior murderer unless evidence says he (or she) did it, and then, we must let the evidence stand for itself.

      If a convicted murderer happens to be in town, and someone is killed, but absolutley no clues are found. The convicted killer (by default) is the guilty person as all gathered evidence points to him. "Yes, your honour, this man by mere fact of being in this town, has committed this crime. He killed someone else in another town 25 years ago with a gun too. He was seen briefly talking to the deceased two weeks prior on a street corner when the deceased asked him the time of day. The criminal was then seen walking on the same street as the domicile of the deceased (though not the same block). The criminal has no aliby for the night of the murder. Claims he watched videos all night... Clearly a conviction leading to the death penalty for this mass murderer is needed your honour!"

      As for DNA. I agree with you on mis-matches. Maybe the technology will improve... But at least it can prove that DNA does not match.

    8. Re:A couple thoughts by Tiny+Ant · · Score: 1

      "It seems to me that a defendant's past history is very relevant. If he's got multiple murder convictions, it probably is more likely that he did the one he's on trial for now."

      What ever happened to paying your debt to society?
      Past record has no affect on the details of the current trial.

      The *more likely* part of your statement is for the police to investigate, not for the jury to consider. The jury is concerned with the facts of *this* murder. Past history should not be entered as evidence (it's circumstantial, and could be misleading.)

  3. Re:A new precedent for Jury Selection? by Maclir · · Score: 1
    First, does the Australian judicial system have jury selection?

    Yes. The system is similar in all Australian States and Territories that a "Jury Roll" is established every few years from people on the electoral role (that is, Australian citizens eligible to vote). People are selected at random, and are advised that they are likely to be called in for selection to a jury panel. You can ask for an exemption (religious beliefs, medical, etc). If you name is selected, you have to turn up to court on the nominated day (again, if you have a reasonable excuse you may get out of it), where you are one of a pool of potential jurors for all trials that day even tho the trial may last a long time). Both the prosecution and the defence may challenge a jurors selection (the defence in a drug case may challence a older man), they need no reason, but they have a limited number of challenges. The jury - normally 12 - are then empaneled.


    Point 2. It is not a precedent. Australian courts are very strong on "contempt" issues regarding any publication of the criminal history of an accused during a trial. The usual targets of their attention, tho are the talkback radio hosts (who usually pander to the more extreme elements who woudl pring back public executions, floggings and the pillories if they could).

    Ken

  4. No, a very old precedent for jury selection by Meatloaf · · Score: 1
    This brings up an issue that rears its head every once in a while, particularly with high-profile cases.

    If a jury selection is based on finding people who know absolutely nothing about a case, don't watch TV News, listen to radio news, read the newspaper or even surf the 'Net, who does that leave to make decisions regarding the life (or even death in some places) of someone accused of a crime?

    Simply, perhaps over-simply, this selection process only leaves the ignorant, the isolated and the uninformed to make these major, onerous decisions.

    What kind of justice is that?

    --
    Uncle Sam sent me to the Persian Gulf, and all I got was this lousy Syndrome!
  5. Except Oregon by Meatloaf · · Score: 1

    Just a point of clarification: In the great state of Oregon, where I find myself (usually), jury rolls are pulled from DMV registrations, not from voter registrations. They've been doing it this way for two years to increase the jury pool.

    --
    Uncle Sam sent me to the Persian Gulf, and all I got was this lousy Syndrome!
  6. When they thought it was harmless... by Kanasta · · Score: 1

    The CrimeNet ppl had been claiming how the information they were posting on ppl was harmless because it was obtained thru public records.

    Well, now we have concrete proof of the damage such a database can cause. Not only does it ruin ppls' lives by posting old crimes committed by them, but now, it even obstructs the justice system trying a person on a new crime.

    So, what exactly is this site good for then? Reformed ppl are victimized, and repeat offenders are protected!



    ---

  7. Re:It is inherent that the Internet will taint tri by codemonkey_uk · · Score: 1
    BTW, do you think Moslems are immoral - after all, both you and they worship the same (G)god
    You probably mean Jews not Muslims. :)

    Thad

    --

    Thad

  8. Re:how the . . ? by TomV · · Score: 1
    A trial without a jury is not by definition unfair.

    and indeed a trial with a jury is not by definition fair, either.

    But one of the great strengths of the jury system is that it can allow some much valued flexibility. The jury's verdict is their own, and is binding. This is one of the ways junk laws get altered. Juries allow debugging of the legal system.

    The most obvious examples have tended to be in cases with political overtones - here in the UK juries have refused to convict, despite unarguable factual evidence:

    • Civil servants breaking the Official Secrets Act to whistleblow on criminal activities by their departments
    • Protestors who vandalised a shipment of Hawk aircraft about to be sent to Indonesia for use in 'policing' East Timor
    • Women who finally snapped after decades of abuse and killed their husbands - since these jury decisions the laws have been changed so that other charges can be used instead of murder in these cases
    In general, the whole point of a jury is that it is a jury 'of one's peers' - not selected because they are in any way specially qualified for the case, or rejected because they are specially disqualified (excepting direct vested interests)

    TomV

  9. Re:It is inherent that the Internet will taint tri by DrEldarion · · Score: 2

    and of course the notion that !Christian==Imoral.

    This is fact, as substantiated in the Bible.

    Uh oh! Big slip up here!

    Since you seem to think that programmers are all satan worshippers, and it would take someone with programming knowledge to know what "!Christian==Immoral" means, that brings us to the conclusion that you, yourself, are a satan worshipper.

    Have a nice day.

    -- Dr. Eldarion --
    It's not what it is, it's something else.

  10. Re:It is inherent that the Internet will taint tri by divec · · Score: 1
    If you never accept Jesus Christ, HELL IS WAITING FOR YOU!

    What about people who never heard of Jesus, or the Bible? Are they automatically condemned? If so, what was the point in them living in the first place?
    --

    perl -e 'fork||print for split//,"hahahaha"'

  11. Re:It is inherent that the Internet will taint tri by radish · · Score: 1

    I hate to be drawn into this classic Good vs Evil argument, but I have given in to temptation!

    7days - God gave you a brain, so that you may think. Please, for all our sake's use it. Understand this : your entire belief system and way of living your life is based upon the contents and interpretation of a book. A very old book granted, but a book nonetheless. Now that book may have been written, as you believe, by the disciples of Christ, around the year 0. And it may contain the word of God, telling us how to live our lives. All of that MAY be true - and if you (and millions of others) wish to believe that and follow those teachings then fine, far be it from me to interfere in how you choose to live your life.

    BUT (and it's a big but), the majority of the world's population (myself included) choose not to believe that the book in question was written by God (directly or indirectly). Some people believe in other deities, or "forces", but as a whole the Christian population of the world is a minority. Personally, I don't believe that God (or Satan, or Chiba, or Krishna, or etc...) exists. Simple as that. Can you understand that your argument (and I am paraphrasing) that "if you don't worship God you worship Satan" means nothing to me...in the root of my being I do not believe either of those concepts have any basis in reality. Likewise your argument that basically "it is so, because it says so in the bible" is equally meaningless. Have you ever heard the phrase "it's in the newspaper, so it must be true" ?? Tounge-in-cheek I know, but the idea holds. If I have no faith in the source of information, then what faith do I have in the information itself?

    Morality is an inheriently personal thing. My morality is governed and defined by my beliefs and my experiences. It is not governed by what someone else has told me to believe.

    I believe it is immoral to kill, it is immoral to steal, it is immoral to torture. I guess you believe the same. I also believe it is (deeply) immoral to pre-judge someone on grounds of their religion (or lack of it). I believe it is immoral to invade another land and attempt to force your belief system on the inhabitants, and when that fails, kill them all. I believe Hitler was immoral.

    Do you believe those things?

    On another note - look back in history. How many examples can you find of people or groups who were utterly convinced they were right. Until they were proved wrong. With so many different people in the world with so many different religous belief sets - how can you possibly be so sure you are right...and they are all wrong? Either you hold to your convictions (which I admire) or your mind is closed to other possibilities (which I pity). Which is it?

    --

    ---- Den ene knappen er powerknapp, den andre er Bender voice knapp "Bite My Shiny Metal Ass"

  12. It doesn't work that way in Australia. by TekPolitik · · Score: 1
    In Australia the courts don't generally question jurors the way they do in the US. Jurors are selected at random from a pool, and each side gets to make three challenges, but neither side is allowed to talk to the jurors. The challenges are made on the basis of appearance only.

    Once selected, jurors are sworn in, and the trial gets underway.

  13. Re:It is inherent that the Internet will taint tri by ananke · · Score: 1

    seeing that post makes me glad i am not christian any more. and trust me, i was brought up 'more' christian, than you would ever come close to - a roman catholic in a country where the estimated population consists of 97% roman catholics. why do christians often seem to be so ignorant and full of themselves?

    --
    --- d'oh
  14. Million Mom Math by Brian+Knotts · · Score: 2
    (Yes, on average, 312 children are shot and killed in the US every day.)

    ROFL

    Even the 80,000^H^H^H^H^H^HMillion Morons had that figure vastly inflated with their claim of 13 children per day (They include 19-year-old gang members as "children").

    The real figure is much, much lower.

    --

  15. A precedent that may spread to the US by [ngl]uberhacker · · Score: 1

    As an Australian who now lives in Atlanta, this story attracted my attention. This evening on the local news, it was announced that Cobb County (in Atlanta) had been publishing court documents on the internet for anyone to read. In the past people had to go to the court house in person to read these documents. People may have to go back to the old ways again if a magistrate here has his way. It was decided that internet access to court documents was too dangerous, since it was too easy to search for specific information on people or cases. Whilst the Atlanta website isn't exactly along the same lines as Australia's CrimeNet, it does provide similar information. Combined with information gathered from the PeopleSearch website, jurors in Atlanta could be just as biased as jurors in Australia if they want. Perhaps the same sort of thing will happen in Atlanta before long. Food for thought.

  16. This is NOT why the jury was dismissed... by M@T · · Score: 1


    Fucking journalists... The reason the jury was dismissed was that, even though they may not have seen the defendants priors on CrimeNet, the fact was that, due to discussions within the court room, those jurors are now aware that the defendant does appear on CrimeNet (which they also know is a public database of criminal records) which could unfairly bias their opinions in the case at hand.

    It should also be pointed out that the case hasn't been tossed... its merely that the jury has been let go.

    The question on CrimeNet's ability to bias a jury still stands however and needs to be addressed. In Austrlia, a defendants prior convictions can only be disclosed for the purposes of sentencing *after* the defendant has been found guilty.

    --
    'sapientia potestas est'
  17. Re:A new precedent for Jury Selection? by Tei'ehm+Teuw · · Score: 1

    And just what makes you the expert on how we apparently post our opinions about anything and everything whether or not we have the slighest clue about? How do we know that you actually have the credentials to make a statement like that. Or are you just posting your opinions about anything and everything whether or not you have the slighest clue about what you are referencing? Either way I think it's safe to say that if we use any /. information for anything important, as it says on the polls, you're insane. :)

  18. Re:You are wrong, he is right by ananke · · Score: 1

    would you be so nice, and get out a freaking dictionary, and look up the word 'morality'? or anything associated with it. see if you can find word 'christianity' anywhere in the definition.
    thank you dork

    --
    --- d'oh
  19. In the U.S. by Tei'ehm+Teuw · · Score: 1
    In the U.S., I don't know if they would make the same determination. The trial by a jury of your peers system here is so flawed now it wouldn't make any difference.

    Basically the jury pools end up being 12 of the folks who weren't sharp enough to get out of jury duty. I'm being a little sarcastic but there is some truth to it. Putting the detail on the net wouldn't have all that much of an impact and most crimes of this type get pleaded down prior to jury trial anyway.

  20. Re:Truth and the web by pe1rxq · · Score: 1
    Most european countries don't such a idiotic jury system.

    Jeroen

    --
    Secure messaging: http://quickmsg.vreeken.net/
  21. Impartial jurt, fact or fiction by gad_zuki! · · Score: 2

    When it comes to high-profile cases that get lots of media attention how can they really find a jury who has never heard of the case? Is hearing of the case so terrible, its not like people can't dismiss information.

    I'd hate to tried by a jury of shut-in's and weirdo's who think TV, Computers, and newspapers are the devil's work. I would rather have a bunch of liars.

    Then again, it did seem to work out for OJ.

  22. Re:how the . . ? by Zarf · · Score: 1

    Actually, you've got a nice point. If we did get rid of juries it would expidite things but then we have juries to make things "more fair" not faster.

    So I propose that when your number comes up for jury duty you get whisked off into a giant plastic bubble to serve your term of jury duty with only the company of other jurors. You will live blind-folded with oven mitts on your hands at all times; as well as large balls of cotton stuffed into, and taped onto, your ears.

    This will be inconvenient at first... but that will all be solved once we begin cloning jurors. We'll find the perfect jurors from our initial population and mass produce the most fit of them in great vats. The result will be an entire race of jurors.

    It will be glorious. An entire population of perfectly blank slates. Ofcourse we'll need BladeRunners to terminate the 'jurors' after they gain a certain level of awareness. We'll give our artificial jurors a limited life span to compensate... say 3 years... then boom!

    - // Zarf //

    --
    [signature]
  23. Re:A new precedent for Jury Selection? by Taurine · · Score: 1

    Two things.

    First, does the Australian judicial system have jury selection? Certainly the US doesn't, but the US system isn't the pattern used in most of the world. A lot of countries base their judicial system on the Britsh judiciary, which (thankfully) doesn't have jury selection. And as Australia is a member of the Commonwealth and former part of the British empire...

    Secondly, it is not 'a precedent'. A precedent is a legal decision reached at the end of a trial for a legal appeal. This is just a very stupid decision, which may (as someone else in this thread insightfully points out) may be politically motivated in the current situation where the Australian government is trying to gain popular support for Internet censorship.

  24. Re:Crime in the media by Tei'ehm+Teuw · · Score: 1
    As in most Jury cases the "peer" phrase is mostly outdated. In high profile cases they usually pass on the "have you heard any detail yet" stuff and ask questions more on the lines of "have you formed an opinion yet?" line of selection questions.

    In most cases that require a jury trial the jury pool folks answer the questions honestly, but selection is a pretty complicated science and very specialized. The Lawyers look at race, religion, class, etc. not to get an even crossmix but to get folks that will empathise with their side of the story.

  25. Re:Solutions... by codemonkey_uk · · Score: 1
    Or not disclosing the names of any people in the court case (defendant, witnesses), including to the jury, until after the case...
    This is a really good idea. It would allow infamouse criminals to be tried for repeat crimes. At the moment if a rapist / kiddy fiddler is involved in a well reported case it can be very hard to find an impartial jury for a repeat crime.

    I don't remember the details, but I seem to recall an incedent recently where a well known pervert was "assasinated" by vigalanties. The only reason he was out in the first place was because they couldn't find a jury who handn't heard about his previouse convictions.

    If the jury didn't know his name then it wouldn't have mattered. Perhaps courts should do more to protect the identity of a defendant, perhaps the jury shouldn't even get to see them. That would prevent accusations of bias based on race or grotesque uglyness.

    Thad

    --

    Thad

  26. and I search a news papers archives on the web.. by martin · · Score: 1

    I may get the same info about past run-ins with the law - whether or not the case came to court (or even to prosecution).

    Looks like this is just the Oz govnmt ganging up against this site.

  27. It is inherent that the Internet will taint trials by 7days · · Score: 1

    You make a very good point that the information available on the Internet could (and almost certainly does) taint trials. However, you do not follow this line of thinking through to it conclusion.

    "Do you own a computer?" or "Do you have an internet connection?" could be the new basis for sequestering a jury/juror, or dismissing one entirely.

    What's wrong with this? Whatever is necessary to protect the objectivity of the jurors and the fairness of the trials.

    So called Non-techs could wind up being the ones making decisions on increasingly technical crimes.

    Implying that this is a bad thing is nothing less than elitism. What makes you think a programmer is any better qualified to make a decision on DeCSS or Napster or a website hacking than a farmhand from Kansas? I can almost guarantee you that the farmhand has had a more moral upbringing and goes to Church more than the programmer.

    Another angle we should take a look at is the possibility of a law being passed amending a jurors rights and duties to include not being able to connect to the internet either at home, or at work, once notified of jury duty.

    You don't go far enough on this. It should be mandatory to ask whether this juror has ever illegally downloaded any copyrighted materials, or visited any pornographic websites. Any questions about the veracity of the juror's answers should be taken care of by an inspection of his home computer. While the Internet can be used for good, it has far more potential to taint the minds of the public than any other invention since the dawn of mankind, and we should not hesitate to keep our justice system (justice system) free of such influences.

    a single juror gaining knowledge of the crime ahead of time could taint the trial

    Just as a single amoral or immoral juror could. These need to be screened for too.

    Sometimes she sees things a bit too clearly.

    Justice can never be clear-sighted enough.

  28. More articles from Australian media by B.D.Mills · · Score: 2

    --
    --

    The only thing necessary for the triumph of evil is for good men to do nothing. - Edmund Burke
  29. Re:What actual benefits does Crimenet have? by Refrag · · Score: 1

    You should have the right to fair treatment in society until you forfeit it. As the man you speak of did.

    --
    I have a website. It's about Macs.
  30. Re:I don't know about Australia... by M@T · · Score: 1

    But I do know a lot about the U.S. judicial system. I do not think this ruling will have any effect in the U.S. It probably will not spread elsewhere, either.

    What ruling was that again?

    The judge threw out the jury... not the case!
    They hit reset button and start again.

    --
    'sapientia potestas est'
  31. Same name.... by dmaxwell · · Score: 1

    When I was going to tech school there was another David Maxwell and I was getting apprehensive. I was EXTREMELY relieved when we finally got into the same class and I was able to see that he was black. I told him that I kept expecting to bump into my long lost Evil Twin. He didn't look anything at all like me!! As I say, I was most relieved.

  32. Re:and I search a news papers archives on the web. by _xen · · Score: 1
    Looks like this is just the Oz govnmt ganging up against this site

    How does the decision of a court in Victoria amount to persecution by the government of Australia?!

  33. Re:It is inherent that the Internet will taint tri by 0xdeadbeef · · Score: 1

    I can almost guarantee you that the farmhand has had a more moral upbringing and goes to Church more than the programmer.

    Indeed. Those evil non-Christians have destroyed our country. What we need to do now is overthrow the government and set up a Christrian monarchy. There will be no juries, because all trials will be settled by Judges, who will also be executioners. I think you have what it takes to be a Judge, so please join us at http://www.shadowgov.com/

  34. Re:It is inherent that the Internet will taint tri by Konst · · Score: 1

    You are deluding yourself. You are an atheist, you do not love and worship God out of the fullness of your heart, and therefore you, knowingly or not, worship Satan. You are immoral. I find it quite amusing that those who support your religion consider not believing in God immoral, yet they hold no regret for the damage their beliefs have done to our world over the course of history. The Crusades account for more deaths than all of the wars in all of history, combined. To put it in perspective, Christianity has killed more people than anything else. When a religion can justify killing masses of people simply for not agreeing with them, I must admit I have serious reservations about their current motives. I also find it disturbing that some people feel they can absolve their 'sins' simply because they sit in a stone building listening and singing once a week. (and on holidays) But, if your sense of morals is so handicapped that you need support on a weekly basis, then perhaps it is better that you dwell with your own. I apologize in advance for the flame-bait.

    --
    Why pay for sex when you can buy the cow and get it for free?
  35. Re:A new precedent for Jury Selection? by SEWilco · · Score: 1
    The pool of prospective jurors is every adult living in the court's jurisdiction (often a county), with a few exceptions. It's generally not practical to send court officials to random homes, so sources such as voter registration or driver license information tend to be used.

    Yes, some potential jurors can be dismissed. As you said, lawyers often get a certain number of dismissals without reason. They also can request dismissal of anyone for whom they have a reason (such as a friend of the accused, or being David "Everyone Accused Is Guilty" Letterman).

  36. A new precedent for Jury Selection? by krystal_blade · · Score: 3

    With the advent of the home PC, and internet based news coming in faster than stories can be edited, perhaps this will help set a new standard for Jury Selection. I'm pretty sure similar ideas have been rolling around in US judges/attorneys heads for a while.

    It is indeed, a precedent. But is it a good one? Think about it. As a citizen, you could lose your right (It's not really a duty, you know) to be considered a "peer" of the accused.

    "Do you own a computer?" or "Do you have an internet connection?" could be the new basis for sequestering a jury/juror, or dismissing one entirely. So called Non-techs could wind up being the ones making decisions on increasingly technical crimes.

    Another angle we should take a look at is the possibility of a law being passed amending a jurors rights and duties to include not being able to connect to the internet either at home, or at work, once notified of jury duty.

    While I don't completely agree with the Melbourne decision to dismiss the jury, I understand it. The availability of knowledge on the internet IS phenomenal, and a single juror gaining knowledge of the crime ahead of time could taint the trial.

    Justice, though she is blind, does not appear to be deaf, or dumb. Sometimes she sees things a bit too clearly.

    krystal_blade

    --
    It will be easy to motivate our fellow man; there is hardly anything people treasure more than not being annihilated.
    1. Re:A new precedent for Jury Selection? by spiralx · · Score: 1

      "Do you own a computer?" or "Do you have an internet connection?" could be the new basis for sequestering a jury/juror, or dismissing one entirely. So called Non-techs could wind up being the ones making decisions on increasingly technical crimes.

      And yet we here on /. post our opinions about anything and everything whether or not we have the slighest clue about them with no sense of the irony and hypocrasy of it.

      People in the jury aren't meant to be experts, otherwise they'd get in a bunch of forensic scientists, lawyers and so on rather than regular people. Whether or not they are technically competent should make no difference to their chance of selection - this is the essence of democracy after all.

    2. Re:A new precedent for Jury Selection? by ethereal · · Score: 1

      The U.S. does have a form of jury selection, although maybe it's so dissimilar to the British system that we're really not talking about the same thing. In the U.S. prospective jurors are brought in, interviewed by counsel for the plaintiff and the defendant as well as the judge, and normally those counsels have a certain number of chances to remove someone from the jury if they think the prospective juror is too biased. The pool of prospective jurors is either all registered voters in the area, or everyone who has a driver's license in the area (I'm not sure which; maybe it's different by state). So while the jury isn't built up by selection, it is whittled down to the correct size through a process of selective elimination of some jurors.

      --

      Your right to not believe: Americans United for Separation of Church and

    3. Re:A new precedent for Jury Selection? by krystal_blade · · Score: 1
      Whether or not they are technically competent should make no difference to their chance of selection

      Absolutely correct. What I was trying to get across was that Technically inclined people could be denied the right to sit in on a trial, whether it involves a simple "I killed em with a lawnmower blade" or a disgruntled microsoft employee who decides to make an omelette out of a computer with an easter egg.

      Jury selection should (and is currently) beyond this. What worries me is that I consider myself to be a peer of other citizens, and thus, able to sit in on a jury. I don't beleive ownership or use of technology places me above, or below the "peer" threshold.

      krystal_blade

      --
      It will be easy to motivate our fellow man; there is hardly anything people treasure more than not being annihilated.
  37. Truth and the web by zardie · · Score: 1

    Read the article on the train this morning (gotta love people who let me look over their shoulders - never have to pay for a newspaper myself..)

    Well, if no members of the jury had seen the article, then why did they dismiss them? Unless we take jurors without internet access..

    I'll remember that next time I decide to kill someone.

    bah. Melbourne is a weird place.

    -tsg

    1. Re:Truth and the web by zardie · · Score: 1

      DAMNIT! clicked the "post" button instead of "preview", only to realise that the topic I had written was unrelated to the topic... I was going to say something about the fact that how any joe bloggs can write a webpage using MS BackPage 2000 or something, and make it *look* like a legitamate news source, and people might start believing it...and bingo. Instant evidence. *watches slashdot karma drop a few notches*

    2. Re:Truth and the web by ScottyLad · · Score: 1

      I've got a great idea for an ecommerce site.... pay me 500 bucks a time and I'll post a full confession on the web for you, then when you eventually get to court, you can claim the jury were influenced by the "alledged" confession on my website and you can get away with it!!

      I'm actually quite surprised to seee this was in Australia - usually it's the European Union who come up with all the madcap ideas in the name of the "Human Rights Act". Glad I'm British ;-)

      --
      Philosopher (n) - a wise person who is calm and rational; someone who lives a life of reason with equanimity
  38. Re:obsession by fleener · · Score: 1
    Have you not read previous posts about the media and how incorrect they can be?

    That's beside the issue. Web sites can be just as inaccurate, if not more so, than newspapers. The root issue remains controlling juror action.

  39. Yeah but you'll always be your mom's little baby by Rares+Marian · · Score: 1

    At 45.

    --
    The message on the other side of this sig is false.
  40. how the . . ? by docthesoc · · Score: 1

    I wonder how they can keep this policy in the future? Its either close sites like crimenet or disallow any potential juror who may have had access to the net since the story was discussed....

    1. Re:how the . . ? by radja · · Score: 2

      Here in the Netherlands there is no jury-based legal system, guilt is determined by the judge. Dutch legal system is usually not seen as unfair (usually. for any legal system there will always be at least some cries about a certain verdict being unfair). A trial without a jury is not by definition unfair.

      //rdj

      --

      No one can understand the truth until he drinks of coffee's frothy goodness.
      --Sheikh Abd-Al-Kadir, 1587
    2. Re:how the . . ? by Stonehand · · Score: 1

      ...or sequester jurors, but that would likely get expensive quickly, unless Australian courts are far less busy than o'er here.

      --
      Only the dead have seen the end of war.
    3. Re:how the . . ? by radja · · Score: 2

      or get rid of juries in trials, which is probably too much of a hassle legally.

      //rdj

      --

      No one can understand the truth until he drinks of coffee's frothy goodness.
      --Sheikh Abd-Al-Kadir, 1587
  41. Re:Honor System by Pope · · Score: 2

    This internet-thingy turns law-abiding citizens and innocent youths into soul-less shells that can no longer distinguish between right and wrong.

    Dang. You're right.
    I'll go delete all those illegal MP3s now.

    Pope

    Freedom is Slavery! Ignorance is Strength! Monopolies offer Choice!

    --
    It doesn't mean much now, it's built for the future.
  42. Internet is fast, but... by getha · · Score: 1

    So what's the fuss about?
    The info could have been printed on paper and then distributed. It's not as easy, but if someone threw a lot of dough against it I guess you could get some coverage.

    So, theoretically the jury should have been able to get the info via other media or means...
    So if you're not sequestering the jury somewhere away from all outside influences, you're doing something wrong anyway, right?


    xchg .,@

    --


    xchg .,@
    jmp emailMe
  43. Re:Quite a reasonable decision by Anonymous Coward · · Score: 1
    What if an offender has the same name as *you*?

    That's the sticky point in all of this, isn't it?

    The last time that this site was mentioned ( crimenet ), someone else made the same point. Just out of curiosity, I did a search on the Internet to see how many people have the same name as me.

    The answer is - rather a lot.

    It seems that I have been *very* busy on the internet over the years. I seem to have spent considerable time in Scotland, France and the USA.

    I also seem to be knowledgeble on a whole range of things that I know nothing about and have discussed these things at considerable length with people that I have never met ( on or off-line ).

    Like the old song goes, "I've been eveywhere man, I've been in Japan man... " and apparently without even knowing it.

    In this respect, while I think that the court has over-reacted in a knee-jerk way, it's understandable. The possibility of being mistaken for someone else with the same name out here on the net is pretty high and it's one of the reasons why I am becoming more and more inclined to annonynimity.

    Though that has problems of it's own, but that's another article and another thread...

    You might be strangling my chicken, but you don't want to know what I'm doing to your hampster.

  44. Re:It is inherent that the Internet will taint tri by Vanders · · Score: 2

    I can almost guarantee you that the farmhand has had a more moral upbringing and goes to Church more than the programmer

    Sorry? Are you implying that programers and people who don't go to Church are immoral? I don't see how you arrived at that conclusion.

  45. Re:It is inherent that the Internet will taint tri by 7days · · Score: 1

    Not all programmers are immoral. Many are, however. I only said that it's almost certain that the farmhand has had a good, traditional, American, Christian, moral upbringing, while it's much more likely that the programmer grew up with atheist parents and many more evil influences. And yes, those who do not go to Church are immoral. There is no morality without God.

  46. Re:Quite a reasonable decision by getha · · Score: 1

    I don't think it's a reasonable decision.
    Let me also state right here that I'm not fully clear on my own stand regarding these types of "vigilante" sites. I agree that these sites could cause a lot of unjust situations and a lot of pain for some people not deserving it.

    On the other hand, I quote: CrimeNet offers details on 4000 convicted criminals gleaned from newspapers and court records.
    So what's next? No more jurors who have been known to read the paper, watch the news, follow court decisions, etc.? Because in theory, everyone could get the information on the site by doing their own (albeit extensive) research.


    xchg .,@

    --


    xchg .,@
    jmp emailMe
  47. Re:It is inherent that the Internet will taint tri by Vanders · · Score: 3

    Ignoring the obvious possibility of flaming you until you go away and stop telling me i am immoral, i shall again ask the question:

    How did you arrive at the conclusion that (paraphrased) many programers are imoral?

  48. Re:Crime in the media by jon_c · · Score: 1

    I can't imagine with Judge actually uses the Internet. I know what I'm about to say is prejudice, but i think I'm right none the less. The Judge is an educated man, probably over 40 and doesn't know a whole lot about how the Internet, or web sites work. it's human nature to distrust and be wary of things we do not understand. So i completely agree that this is a double edged sword.

    This ruling probably won't amount to much in the ong term, but has been seen as a token of how the Internet and the world wide web at one point was not simply considered another media for information.

    -Jon

    --
    this is my sig.
  49. Calm down. Nothing new, really. by Tamriel · · Score: 1

    OK kiddies, let's all CALM DOWN and take a DEEP BREATH.
    I went to my local library and did a quick search on a few broad keywords relating to criminal cases in the computer newspaper index.
    Between that and the archive, I was able to find as much info as probably was on CrimeNet on criminals.
    All CrimeNet are doing is making it easier to access. Agreed, that is a bad thing, but don't get all hyperactive because it's new and different. It's not.
    All they did is scour newspapers and get articles relating to criminals.
    I am not affiliated with CrimeNet, nor do I agree with what they are doing. There are cases where people have been "checked out" by neighbours and the like, and just because they shared a name with a criminal, they've virtually been run out of town, to use the old adage. A couple of people who have had minor convictions have had a lot of job applications automatically refused because of said convictions.
    It's not entirely good. But it's not new. It's not different. Read the newspapers, guys, and ease off on the red cordial. Calm down.

    d
    PS: Our jury selection is exactly like .uk. Random. You get called up, and unless you can prove that doing it would cause financial loss, that you would be an incompetent juror or are in professions including, but not limited to, teachers, lawyers, etc.


    -

    --


    -
    I rather like cows.
  50. Facts by Anarchofascist · · Score: 1

    The information posted on the website has always been public information, it's just that in the past it's been difficult to get.

    --
    Once more unto the breach, dear friends, once more, Or close the wall up with our American dead!
  51. Re:Why jury trials at all? by guran · · Score: 2
    That is fine,... in theory, but how do you find 12 unbisased people? Isn't it likely that the trial becomes more a case of getting the right jury and then convince them emotionally rather than sorting out facts and law?

    I sure would like someone to be on my side if I went to court. However, a board is quite predictable. Either the evidence is enough to convict me or it is not. A jury could find me guilty cause they don't like my appearance or set me free cause they feel sorry for me.

    While I certainly don't like the fact that everyone except me works for the government (which is only really a problem if some official is involved in the case) uncertainty is not a good protection of my rights.

    --

    All opinions are my own - until criticized

  52. Re:State law == Christian law? by luckykaa · · Score: 1

    Yes. Thats commandment 0Ah.

    Of course there were actually 10h commandments, with commandments 0Ah 0Bh 0Ch 0Dh 0Eh and 0Fh being specifically related to computers.

  53. Re:It is inherent that the Internet will taint tri by guran · · Score: 2
    The old testiment is one of the most complete histories of a people (Jews) available in modern times. Many events in the Bible have been varified by indepentant (and sometimes agnostic or athiest) historians.

    The old testament is an intresting document indeed. Unfortunately it is more of an autobiography than a historical document. Every event is described so that the jewish people is glorified. Nothing unusual, every people has compiled history readings to show their greatness. However that is something one must consider when reading the bible (just like any other document) in a historical sense.

    Regarding the morality of Country folk and christians: Remember that both of these communities (in their traditional sense) are close knit and everyone knows everyone else. This makes the raising of children in a moral fashion quite a bit easier

    That makes raising conforming children easier. Wether they are more moral or not is a different question. I dont consider xenofobia to be a moral thing...

    --

    All opinions are my own - until criticized

  54. Re:It is inherent that the Internet will taint tri by MalSyned · · Score: 1

    First, I feel like an ass for responding to you, because there's a good chance you're a troll. If your first post didn't state that obviously enough, each of your subsequent ones have served to prove it. However, if it is the case that you are serious, which I fear, then I will try to respond as such.

    >and of course the notion that !Christian==Imoral.

    This is fact, as substantiated in the Bible...you, knowingly or not, worship Satan.

    I haven't read the bible in a while, but last time I checked, Jesus wanted you to love everyone, and spread the love of your God to the rest of the world. You obviously don't love any of us. You'd rather accuse us of unwitting Satan worship instead of trying to love and understand us. Way to follow the ways of your saviour.

    Christians have an obligation to set right the wrongs of the world, and if this leads to violence...

    I thought they had an obligation to spread love and compassion. And turn the other cheek. Violence? A true christian would not consider it. Look towards your savior. He never struck back, even at his crucifiers.

    Your words are riddled with hypocrisy. You make me proud to have abandoned your religion years ago to search for one that doesn't inspire hate. You, and people like you, have lost yet another, by convincing me that any God that would use you as a tool of His word is a God I want nothing to do with.

    Currently a proud, albeit confused, athiest,
    MalSyned

    P.S. I'd be your friend. You wouldn't be mine. Ask Jesus how he feels about that. He was perhaps the only Christian who ever understood what He was talking about.

  55. Re:obsession by Ausmosis · · Score: 1
    Web sites can be just as inaccurate, if not more so, than newspapers.

    Exactly my point on a previous post.

    The root issue remains controlling juror action.

    How can you achieve this without having them locked up in rooms 24hours for the duration of a trial? Lets not forget some trials go on for years.

  56. Re:It is inherent that the Internet will taint tri by guran · · Score: 2
    Oh OK

    One of my reflections when I sat down and actually read it was how single persons are never gloryfied: It is the *people* that is. You get the notion that every people has their god(s). Jahve is by no means the only god around. The moral is that a) You should never betray your *own* god. b) Stick with Jahve, cause he's the strongest.

    Exodus is a fine example. Pharao's magicians get aid from *their* gods. It is just that Mose has a stronger ally.

    And, yes there are many ways to read the Torah (as well as the new testiment)
    Ever tried to read Exodus as a comedy? If you don't fint it heretical, I really recomend it.

    --

    All opinions are my own - until criticized

  57. Re:It is inherent that the Internet will taint tri by guibaby · · Score: 1

    Just as a single amoral or immoral juror could. These need to be screened for too. ' Maybe the rack.. no signature required

    --
    Historically, the claim of consensus has been the first refuge of scoundrels.
  58. Re:It is inherent that the Internet will taint tri by MalSyned · · Score: 1

    I have never read the bible, nor do i believe a word of it.

    dude. I was totally with you through this whole (admittedly offtopic) thread. But you just went to the other side. If someone said to you "I've never studied C++, but it's a slow, crappy language," or, "I've never listened to industrial music, but it's all about sex and killing," you'd be on top of the dogpile pointing out the terrible logic flaws behind the statements.

    Come on, man. It's people who condemn without understanding that fuel hate, in the name of a God, against one or all Gods, and without regard to any deity.

    The original poster made the mistake of not understanding his position. You have just confimed that you don't understand the other position. Niether of you are in the position to debate.

    Other than that, though, I agree with you, even though you don't know what you're fighting.

    MalSyned

  59. Re:Justice must be based on Ignorance by shocking · · Score: 1

    Part of legal doctrine is that only the facts that are immediately relevant to a case should be presented. Any law court anywhere that is based on the Westminster system of justice will try and exclude eveidence about a criminal's previous convictions, regardless of the gyrations of lawyers on TV.

  60. Re:Who by Tiny+Ant · · Score: 1

    True a penal colony was started in Australia, but the crimes of the forfathers have no bearing on the offspring (unless they take up the trade of the parents...)

    Also the original inhabitants of Australia (as a whole) were not criminals. They are aboriginal.

  61. Re:It is inherent that the Internet will taint tri by Rand+Race · · Score: 1
    I agree that the bible should be read by all (as well as other religous/philosophical texts)and I definately think historical works on the subject should be read by all. I would personally recomend The Mythmaker: Paul and the Invention of Christianity by Hiram Maccoby, The Unauthorized Version: Truth and Fiction in the Bible by Robin Lane Fox, and (in a more general sense) The Varieties of Religous Experience by William James (worth it just for the comparison of christian and pagan orgasms... seriously). Remember that while many events in the bible have been verified, many are also patently absurd.

    As for the morality of country folk; We're talking about people whose idea of christian morality is beating queers to death, dragging black folks to death behind their pickups, and burning crosses in the yards of anyone whose religous beliefs don't march lockstep with theirs. Screw country folk, they don't read the bible they just listen to hate mongering TV preachers. Thus the community standards that are strengthened by the close-knittedness of said community are themselves unenlightened and therefore they are making sure their children are just as ignorant and intollerant as they are.

    Your definition of moral matches my definition of enlightened. Religion is not required to live ethically.

    --
    Insanity is the last line of defence for the master diplomat. But you have to lay the groundwork early.
  62. Re:It is inherent that the Internet will taint tri by 109+97+116+116 · · Score: 1

    Jeez, some people will try to impose political correctness on any topic... :-) "Equating gentile neighbors with "dogs" is hardly how one follows the Golden Rule." Funny how this went from a topic about jury selection in a trial to religion in about 4 posts... A little advice: Religion is crap, FAITH is the real deal. Whatever that faith is in is your own business. End of discussion.

  63. Re:Ethics of Privacy. by _xen · · Score: 1
    how about privacy

    This is the core issue about CrimeNet, and what is more this invasion of privacy is criminogenic itself ... ie. if you can't get a job you are unlikely to get out of crime, in effect CrimeNet prevents the reformation of offenders.

    The big problem with nuking CrimeNet is this: The information they collate is in the public domain, and necessarily so, given the imperative of maintaining public transparency of judicial process. While the expanding access to information is usually a big positive, examples like this suggest there might also be a downside.

  64. Didn't they hear about sequestering jurors? by Opiuman · · Score: 2

    This is a classic case for sequestering jurors from the moment they are assigned to a certain trial.

    Then, the chances they are aware of previous criminal record against the defendant is the same as with common media.

    In the U.S. this is common practice on high-profile cases. The only difference is that this lowers the rack for what is considered a 'high-profile case'.

    -Tal

    -Tal

    "Ars Gratia Artis"... When will we see that on a Metalica T-shirt?

    1. Re:Didn't they hear about sequestering jurors? by 1DeepThought · · Score: 1
      Good point but with this new database you would have to sequester every jury for every case. It is not so much this individual case that matters but more the precedent that it sets. Although I think it is good because it puts presure on CrimeNet it has the potential to make the whole legal system unworkable. A higher court will have to make a reasonable ruling on this otherwise the courts will be in chaos.

      "Parience is a virtue, afforded those with nothing better to do." - I don't remember

      --

      "Patience is a virtue, afforded those with nothing better to do." - I don't remember

    2. Re:Didn't they hear about sequestering jurors? by Opiuman · · Score: 1

      Maybe it's time to move on to the panel-of-judges system?
      No problems with prejudice (usualy) and trials will be more expedient.

      -Tal

      "Ars Gratia Artis"... When will we see that on a Metalica T-shirt?

    3. Re:Didn't they hear about sequestering jurors? by 1DeepThought · · Score: 1
      I agree completely. A panel of judges although more expensive would be a much more preferable solution in my eyes. Then where do we find all the extra judges? Can we get that many qualified people? Is there no end to the problems this raises?

      Patience is a virtue, afforded those with nothing better to do." - I don't remember

      --

      "Patience is a virtue, afforded those with nothing better to do." - I don't remember

  65. To to their job, jurys must understand the trial by divec · · Score: 2
    So called non-techs could wind up being the ones making decisions on increasingly technical crimes.

    Implying that this is a bad thing is nothing less than elitism. What makes you think a programmer is any better qualified to make a decision on DeCSS [...] than a farmhand from Kansas?

    Some farmhands might have difficulty following the technical issues. E.g. they may not have enough understanding to decide whether or not the recording industry made a "reasonable effort" to make DeCSS secure. (Dunno if that decision would be neccessary for that trial, it's just an example of something hard to understand if you're not technical).
    I can almost guarantee you that the farmhand has had a more moral upbringing and goes to Church more than the programmer.

    If you believe in separation of church and state, then this should count for nothing. The job of the jury is to decide whether [it's overwhelmingly likely that] the law has been broken. It is *not* to decide if the defendant has broken the Christian moral code, or the juror's own moral code.
    --

    perl -e 'fork||print for split//,"hahahaha"'

  66. Missing The Point by 1DeepThought · · Score: 1
    I think people are missing the point. CrimNet combines all this information in one place and makes it easily accesible. For a couple of dollars and two minutes of your time you can have all the criminal information evercompiled on someone. To do this yourself manually at least with Australian records could take months of research. The laws in Australia do not allow information from previous offences to be used in a trial. It only takes one rogue juror to get this info and spread it around to turn a case. This is more importabt than this single issue though. I don't think databases like this should be allowed to opreate. People should not have such easy access to this information. We should have control of our personal information. What if I apply for a job and someone with the same name as me has been convicted of theft. My potential boss checks out crime net, no job for me. I think I have it out of my system now.

    "Patience is a virtue, afforded those with nothing better to do." - I don't remember

    --

    "Patience is a virtue, afforded those with nothing better to do." - I don't remember

    1. Re:Missing The Point by mge · · Score: 1
      "Justice Hampel said in his ruling yesterday that ... the CrimeNet entry regarding yesterday's case featured material that was either incorrect, partly correct or in dispute. "

      The point is that this database provides for easy access to large volumes of sensitive data which is incorrect.
      Have you ever tried getting a correction to your credit-card bill ? The CrimeNet database will be worse. As someone has already said, a lot of people would be suspicious of us for raising the issue in the first place ("If you've got nuffin to hide, then you don't need to hide.."), and CrimeNets first defence will bethat the Newspaper and Public rcords are incorrect. As it is, Australia has a piss-poor record in privacy anyway.

      This is part of a disturbing trend in Australia... There are moves in another state (NSW) to set up a Police DNA database. In a recent trial, in a small town in NSW, people were forced by public opinion to submit to DNA examination. As it turned out, the perpetrator handed himself in. We have the Police Department's word that all samples were destroyed. In other words, we're all guilty.

      Hey, Katz, did you see the quote from the CrimeNet guy ?
      Mr Schultz said yesterday he was appalled at the suggestion that the site should be closed down. "We have a legitimate business operating within the law," he said.



      "The reason I was speeding is.....

  67. Re:It is inherent that the Internet will taint tri by skinhead · · Score: 1
    What makes you think a programmer is any better qualified to make a decision on DeCSS or Napster or a website hacking than a farmhand from Kansas?

    I don't think that one can make decision on something he doesn't understand.

    It should be mandatory to ask whether this juror has ever illegally downloaded any copyrighted materials, or visited any pornographic websites.

    What the hell does porno have to do with being able to make good decision in court.
    --
    When you smile, the world laughs at you.
  68. State law == Christian law? by divec · · Score: 2
    And yes, those who do not go to Church are immoral. There is no morality without God.

    Contemporary mainstream Christianity would say that someone who has never heard of Jesus or Church can still go to heaven (if they do, in fact, live by and with God, whether they know the word "God" or not). This is offtopic, and probably irrelevant to all programmers; I just wanted to ensure that people didn't take the above sentence to speak for Christianity as a whole.


    However, I still suggest that a jury decision should be based upon the law and not Christian morals; else people will be behaving outwardly Christianly by compunction and not by choice, which is not desirable whether or not you are Christian.

    --

    perl -e 'fork||print for split//,"hahahaha"'

    1. Re:State law == Christian law? by divec · · Score: 1
      How can someone live by God if they have never read the Bible?

      There are people who have no knowledge of, or access to, the Bible. You're saying that they are excluded from heaven. Should I want to go to heaven if it excludes good people like you say it does? Hell cannot truly be hell if there are people like that there.
      How is this [forcing people to live outwardly Christianly] not desirable? God does not give us the freedom to act immorally, we take that freedom for ourselves by continuing to sin.

      I'm interested - do you believe people go to heaven if they behave Christianly, but only because they are scared of retribution through human law? Do you believe it helps you to go to heaven to force other people not to commit outwardly-visible sins? If not, then there's no advantage in forcing people.
      --

      perl -e 'fork||print for split//,"hahahaha"'

    2. Re:State law == Christian law? by wyn · · Score: 1

      I only have one question. What does the Bible say about Trolls?

    3. Re:State law == Christian law? by 7days · · Score: 1

      Contemporary mainstream Christianity would say that someone who has never heard of Jesus or Church can still go to heaven (if they do, in fact, live by and with God, whether they know the word "God" or not)

      This is because contemporary Christianity is for weak-minded, weak-hearted fools. How can someone live by God if they have never read the Bible? How can someone live by God if they do not love him and worship him with the fullness of their hearts?

      else people will be behaving outwardly Christianly by compunction and not by choice, which is not desirable whether or not you are Christian.

      How is this not desirable? God does not give us the freedom to act immorally, we take that freedom for ourselves by continuing to sin. The most immoral act that is committed today is allowing sinning to continue unabated.

    4. Re:State law == Christian law? by Pope · · Score: 2

      Something about not feeding them, I presume.


      Pope

      Freedom is Slavery! Ignorance is Strength! Monopolies offer Choice!

      --
      It doesn't mean much now, it's built for the future.
  69. Re:Why jury trials at all? by Mr.+Slippery · · Score: 2
    but how do you find 12 unbisased people?
    Since a conviction requires a unamimous vote, I really only need one. The prosecution will probably not press for a retrial if they can't get a conviction first time, unless it's a very high profile crime.

    Also, judges can set aside a conviction (but not an acquital) if they beleive that the evidence is insufficient. It's a 13-input AND gate.

    And if you don't like that, in most cases you can elect to go before just a judge, no jury, and have him or her decide your fate; you're not mandated to accept a jury trial.

    I ought to note that the courts, once again proving their illiteracy (what part of "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury" do they not understand?), have decided that the right to a jury trial doesn't apply to crimes carring a sentence of less than six months - even if you're facing twenty counts and could be put away for ten years. Trial by jury, another casualty of the War on (Some) Drugs.

    --
    Tom Swiss | the infamous tms | my blog
    You cannot wash away blood with blood
  70. Re:It is inherent that the Internet will taint tri by Eccles · · Score: 1

    There is no morality without God.

    Feh. Christianity teaches that you should obey God's rules, because otherwise you will be punished. Truly moral people Do The Right Thing because it is the right thing, because they care about their fellow human beings, and strive to make the world better for one and all.

    How many pints of blood have *you* given to the Red Cross?

    --
    Ooh, a sarcasm detector. Oh, that's a real useful invention.
  71. Heaven or Hell... You choose... by KaZen · · Score: 1

    I'm not going to state my opinion because my faith is no ones business but my own But I like this quote:

    The temperature of Heaven can be rather accurately computed. Our authority is Isaiah 30:26, "Moreover, the light of the Moon shall be as
    the light of the Sun and the light of the Sun shall be sevenfold, as the light of seven days." Thus Heaven receives from the Moon as much
    radiation as we do from the Sun, and in addition 7*7 (49) times as much as the Earth does from the Sun, or 50 times in all. The light we receive from the Moon is one 1/10,000 of the light we receive from the Sun, so we can ignore that ... The radiation falling on Heaven will heat it to the point where the heat lost by radiation is just equal to the heat received by radiation, i.e., Heaven loses 50 times as much heat as the Earth by radiation. Using the Stefan-Boltzmann law for
    radiation, (H/E)^4 = 50, where E is the absolute temperature of the earth (-300K), gives H as 798K (525C). The exact temperature of Hell cannot be computed ... [However] Revelations 21:8 says "But the fearful, and unbelieving ... shall have their part in the lake which burneth with fire and brimstone." A lake of molten brimstone means
    that its temperature must be at or below the boiling point, 444.6C. We have, then, that Heaven, at 525C is hotter than Hell at 445C.
    -- From "Applied Optics" vol. 11, A14, 1972

  72. "There is no morality without God." - I disagree. by Crag · · Score: 1

    (This is on-topic, bare with me. :)

    "There is no morality without God."

    I'm going to take 'morality' to mean 'conformity to ideals of right human conduct', per m-w.com. I think it's safe to measure right and wrong as judged with the intent to extend the survivability of all involved: the individual his or her family, his friends, his country, the entire human race, animals, plants, the planet, the universe, etc.

    In short, "you can't know what's right without God".

    Why must your definition of God be limited to what the Bible contains? Yes, the god I learned about in gradeschool fits this definition, but the god that I created for myself when I rejected Christianity also fits this definition.

    It is difficult to know what choices favor the entire universe regardless of whether you believe in a Christian god, Jesus, Satan, Allah, or just The Tao. No matter what belief system you subscribe to, you still have to think for yourself and make hard decisions. Christians do not have the only right answers. Like all humans, they even have a lot of wrong answers, like The Crusades, racism (in some cases), and any number of issues where there are Christians on both sides (alternative lifestyles, the role of government, abortion, ...).

    There are a lot of people in the world who see Christianity as an overly restrictive lense to view the world through. When you take it for granted that your point of view is the only correct way, you do yourself a great disservice both in degrading the strength of your rhetoric and in limiting your opportunities for learning.

    I'm agnostic. I don't care what happens after I die because I can't use that information right now. I would be just as much a fool if I assumed there was a heaven and hell and was wrong, as if I assumed there wasn't and was wrong. If any fanatic tries to tell me they know the things that cannot be known, I am not going to listen to them. If they tell me they think they have some insight into how to make better decisions in life, then I'll keep listening.

    So, to bring this back around to the topic at hand, technical people are not better than non-technical people, and neither is the opposite true either. Technical experience has no correlation with a person's ability to know what is the most pro-survival choice. One's choice of religion also does not dictate how well they will make a choice.

    I think the problem is that you define morality to be whatever God says, and I define God to be whatever morality says.

    How about "there is no morality without self-awareness, responsibility, intelligence, compassion, and love?"

    Yes, I like that much better.

  73. Re:Sentenced to a life of crime by Weasel+Boy · · Score: 1

    Next time you download an MP3 and don't pay the royalty,

    I don't believe in screwing artists. I listen only to music that I paid for.

    Next time time you "copy" an OS onto your PC without paying Mr Gates,

    I don't believe in screwing programmers. I buy the software I use, when required. I register my shareware. And I don't give legitimacy to Mr. Gates by running his OS on computers I own.

    Next time you smoke a dooby,

    I don't do that shit. If I did, I'd do it prepared to accept the consequences of getting caught in that act, just like when I drive over 65 MPH.

    just remember that for the sake of a little bad luck, an enthusiastic crackdown by your local promotion starved Police chief, or a mistake,

    YOU could end up on a database such as this and as a result be condemned for life.

    In the eyes of society, if you are convicted of a crime you didn't commit, you are just as guilty as if you had committed it, until proven otherwise. If you're innocent but the jury was convinced of your guilt beyond a reasonable doubt, you didn't get a good enough defense. It's a fact of life.

    At least the system is good enough that a false conviction is unlikely to happen. Why don't you try scaring me with the likelihood that I'll get into a bad car accident? The odds are better, and the effect is a lot worse.

    fuckwit. a

    Now you've hurt my feelings. Here I thought I had a reasonable response to your arguments, but now you've gone and totally destroyed my sense of self worth.

    Oh, silly me. That was your .sig, wasn't it? You should log in; that Anonymous Coward byline confused me.

  74. Re:Impartial justice is a modern phenomena by ericlj · · Score: 1

    I agree that impartial justice is a modern phenomenon, but unfortunately, it is also an obsolete one. We have moved beyond that to ignorant justice. This decision is just like many here in the US, where a juror is removed just because of the possibility that they may have knowledge.

    For those who support this decision: I would like to know at what point knowledge (about anything, not just the crime being tried) became a sign of bias.

  75. I don't know about Australia... by ca1v1n · · Score: 2

    But I do know a lot about the U.S. judicial system. I do not think this ruling will have any effect in the U.S. It probably will not spread elsewhere, either.

    As a general rule, the more a law applies to, the more flexible it is made. Jury selection certainly qualifies, and it is indeed very flexible in the U.S. In the U.S., if a case draws strong passions, there is often a change of venue, to avoid selecting impassioned jurors for the panel.

    The change of venue is obviously ineffective at controlling pre-trial publicity if the case makes national news, but there are other ways of dealing with this.

    1) Jurors are selected from the voter registration rolls. This means that the people selected tend to have an interest in the course of government, and will take their duties seriously.

    2) Potential jurors are interviewed thorougly to determine whether or not they have formed opinions about the case. Sometimes it may take 100 interviews to come up with 12 impartial jurors, but they get a jury eventually.

    3) The experience of a trial, with all its formality and deliberation, is a deeply involving experience, much more so than reading a newspaper or watching the evening news or visiting a website. Jurors form very strong opinions from the facts presented at trial, and tend to ignore outside evidence.

    4) If there is extensive publicity and speculation during the trial, the jury may be sequestered. In the past, this has involved sheriff's deputies cutting out stories about the case from the paper, and sometimes even listening in on phone calls. Having a deputy nearby while they are using the internet would not be an innovative measure. Sure, this is hard on the jurors, but that's a discussion for another time.

    5) In the U.S., at least, it takes a unanimous verdict to end a trial. If the jurors cannot agree, the judge will declare a mistrial and a new one will begin. It is extremely unlikely that one jurors, influenced by an outside source, will convince the rest to change their verdict. In addition, since it is unlikely that an influenced juror to get on the panel in the first place, it is very unlikely that you'd ever have more than a couple make it on, even in extreme cases.

    So, I know the U.S. system is safe. I would imagine that many countries already have similar systems in place. Maybe even Australia does, but this was a bad ruling. I'm not worried about bad precedents hitting me. Australians, you've got to take your courts back.

    1. Re:I don't know about Australia... by fozzy · · Score: 2
      As an Australian I'll add my 2c worth ...

      Whilst I'm not a laywer, I have been on jury duty on a few occasions. There's a couple of subtile differences between the American and Australian legal system.

      In Australia it is perjory to discuss a case in the media which has not gone to trial. There is a difference in the way "jury fairness" is obtained. In the US, there is the interogation of potential jurers prior to them being selected. In Australia your name is just selected out of a box and the defense and prosecution can say "no" but just by looking at you - not by questioning. And I seem to think that each side is only allowed three rejections.

      In Australia, the fairness is acheived by not allowing the case to be discussed before hand in the media.

      It's a separate discussion as to which is the best method. However, this difference is why the trial was aborted - it was on the grounds that we now have a fairly easy method for a case to be discussed before the trial.

      Further, with regards to only people on electral roles being selected for jury duty. In Australia voting is compulsory - everyone is on the roles and everyone must attend a polling booth when there is an election. If you choose to put a blank ballot paper in the box that's up to you. It might be better to say it is compulsory to attend a polling booth. Anyway it blows away the argument about only those on electrol rolls will take their jury role seriously.

      If there was any conspiracy WRT to shutting down this site it would be due to the criticism which as already been leveled against it (before this incident). There is no gaurentee the information is accurate and there is no way to have yourself taken off the list.

      So this comes down to a privacy debate. Something which has been discussed at length on /. Yes, sure all the information is out there, but it's not all togther in one place and would a false impression of a person be gained if they were listed on this site. If you don't like what doubleclick are doing then equally you should be against this website. This poses an even harder and more emotive case as to why we should not allow privacy invasion. Whilst these people may me criminals, they still have the same rights to privacy as the rest of us.

      Just my 2c worth, and IANAL.

      Fozzy

  76. Re:It is inherent that the Internet will taint tri by zwerf · · Score: 1

    The Bible very clearly lays out what is good and right and moral and what is not. The Torah and the Koran are, at best, incomplete and ridden with contradictions.

    The Torah is the Old Testament, which is part of the Bible! So if I were you I wouldn't say it's ridden with contradictions ;).

    And btw, the Qur'an has absolutely no contradictions or flaws whatsoever, so when you make such a claim be prepared to back it up.

    --
    This .sig down for maintenance.
  77. Re:It is inherent that the Internet will taint tri by rreay · · Score: 1
    1. BTW, do you think Moslems are immoral - after all, both you and they worship the same (G)god

    You probably mean Jews not Muslims. :)

    Nope... He got it right.

  78. Re:It is inherent that the Internet will taint tri by zwerf · · Score: 1


    Do they not consider the Qur'an (with care)? Had it been from other Than Allah, they would surely have found therein Much discrepancy. [Qur'an 4:82]

    --
    This .sig down for maintenance.
  79. Re:obsession by fleener · · Score: 1
    How can background information be healthy in all cases. It could be more damaging towards the accused if he/she is innocent.

    The jury is already entering the courtroom with its own load of preconceptions and opinions. You have to trust the jury is capable of re-evaluating the situation fairly based on evidence provided in the courtroom. That's the only important issue.

    If not, you're not going to get a fair trial even if you do lock the jury up and blindfold them and plug their ears and keep them out-of-touch with the outside world.

    The court should stop fooling itself and accept that jurors enter the courtroom knowing things they're not supposed to, and accept that it's fighting the impossible fight.

  80. Re:It is inherent that the Internet will taint tri by rreay · · Score: 1
    1. Many events in the Bible have been varified by indepentant (and sometimes agnostic or athiest) historians.

    This has got to be a troll, but in case someone actually believes this argument...

    Many events in Sparticus have been verified by independant historians. Doesn't mean the whole movie is true, it just means that it got some things right.

    There are also many events in the bible that haven't been, and many that can't be, proven. For example, 10,000 people wandering around in the desert for 40 years seen to have left no trace of camps or waste dumps. Because it gets some things wrong doesn't mean its all false.

    1. -Rob
  81. Re:It is inherent that the Internet will taint tri by codemonkey_uk · · Score: 1
    Are you sure?

    I thought the difference between Jews and Christians was that the Christians think that Jesus is the Son of God and Jews think Jesus was a false profit.

    Aww - alright, yeah a quick bash in google seems to indicate that Muslims and Christians do share a God. Interesting. Historicly speeking, where did the divide occur?

    Thad

    --

    Thad

  82. Re:It is inherent that the Internet will taint tri by Rand+Race · · Score: 1
    The 2nd Book of the Lodge clearly states in SpiceQube 13:69, "In the first days beasts of humongous proportions dwelt upon the earth and unto them came Qube and he made them to eat hot stones and to expell licorice balls from their rear ends that they might lick the monoliths and sing the praises of SpyceT"

    The meaning of this passage is that you are a foolish meatbag and that Qube will trample your soul with boots spiked with #2 pencils.

    It's obviously true since the 1st book of the Lodge in Birdman 7:11 it clearly states,"This is the shit and woe unto the pedestrian who walketh the street of the lodge and believith not our shit."

    "All these great truths I am about to show you are nothing but shameless lies" -Introduction, The Book of Bokonnen

    --
    Insanity is the last line of defence for the master diplomat. But you have to lay the groundwork early.
  83. Re:It is inherent that the Internet will taint tri by Vanders · · Score: 2

    Does that answer your question?

    Not really, because you seem to have based your argument on presumption, imagination, a limited experience with programers, and of course the notion that !Christian==Imoral.

    I'm an atheist, and i am certain i am not imoral. I don't steal, cheat, engage in violence, i love my mother and the rest of my family etc. etc.

    By all means, practise a religion. Just don't tell me i am wrong because i don't practise your religion too. That way do wars lie.

  84. Why jury trials at all? by guran · · Score: 2
    Is there not a deeper problem? Is a group of "peers" really best suited to making desicions on someones guilt or innosence?

    In Sweden, cases are decided by a board instead of a jury (except in freedom of press cases) While that system also has its problems it avoids the uncertainity of jury trials.

    Now as a law abiding non-lawyer citizen, I don't have much experience with our courts, and my "knowledge" of american courts come mostly from TV and slashdot, so I don't feel very qualified comparing the systems.

    What do you say. Is the whole concept of an uninformed peer jury flawed or is it worh preserving?

    --

    All opinions are my own - until criticized

    1. Re:Why jury trials at all? by guran · · Score: 2
      Thanks

      You have not convinced me, but I learned something. Slashdot at it's best, for once...

      --

      All opinions are my own - until criticized

    2. Re:Why jury trials at all? by Mr.+Slippery · · Score: 2
      In Sweden, cases are decided by a board instead of a jury (except in freedom of press cases) While that system also has its problems it avoids the uncertainity of jury trials.
      That "uncertainty" is a crucial guardian of liberty. The jury is an important check on the power of the state.

      The procecutor, the judge, maybe even the defence attorney if you're stuck with a public defender, are all working for the government. If I were on trial I'd sure want someone involved in the process to be independant.

      Juries exist not only to try the facts of the case, but sometime to try the law as well. (Sadly, this concept has gotten largely lost in recent years.) They are an important check against bad laws.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
  85. Justice must be based on Ignorance by Sun+Tzu · · Score: 2

    Judge Hampel is, of course, correct. Justice in Australia, the U.S., and the U.K. must rely on the ignorance of the jury to function properly.

    Why is it unacceptable to let the jury in a murder trial know that the defendant has been convicted of murder before, for example? Shouldn't a jury know all the facts? If we trust a jury to make the decision of guilt or innocence, shouldn't we also be able to trust them with the truth?

    1. Re:Justice must be based on Ignorance by divec · · Score: 2
      Why is it unacceptable to let the jury in a murder trial know that the defendant has been convicted of murder before, for example?

      Because
      1. This makes it more likely that the defendant is guilty
      2. The above fact should be ignored

      I know that sounds silly, but the legal system is not about convicting, overall, as many guilty people as possible and as few innocent people as possible. It's about trying as hard as possible not to convict an innocent person nor to acquit a guilty person in this case [Also with the former being worse than the latter]. Paradoxically, what gives the best results in each case may not give the best results overall. If justice was anything like insurance, then the poor, black, drug-addicted guy would be convicted partly by statistical evidence. Then next time he's in court, he's a poor, black, drug-addicted convicted murderer. A system which is more accurate but more unfair may not be a good thing.
      --

      perl -e 'fork||print for split//,"hahahaha"'

    2. Re:Justice must be based on Ignorance by Ausmosis · · Score: 1
      What if you really did not commit the crime?

      Why should the jury then need to know your past record?

      It could effect their choice on a verdict if they in anyway thought you were a criminal (even if it was in the past).

  86. Re:It is inherent that the Internet will taint tri by Anonymous Coward · · Score: 1

    If I believed in Her, I'd pray to God that your are a troll, and don't really believe what you just said

  87. Re:It is inherent that the Internet will taint tri by Cyberdyne · · Score: 1
    Then how can a non-Christian decide whether a man has strayed from righteousness or not?

    That is not the issue being decided, though - this is a court of law, not of religion. The question being answered by the jury is not `did this person stray from righteousness?', but `did this person break this law?'

    The jury is not enforcing God's law, but the law of man. The two are completely distinct.

    What the hell does porno have to do with being able to make good decision in court.

    If I cannot trust a man to make good decisions (not sin against God and demean his fellow men and women) in private, how can I trust him to make good decisions in a court of law?

    How is the viewing of (legal) pornography related to deciding whether someone has broken the law or not? I believe that criminals should be excluded from jury service - but pornographic material is, generally, legal; as such, viewing it should not (and does not) disqualify you from jury duty.

  88. Re:It is inherent that the Internet will taint tri by Griff · · Score: 1

    I can almost guarantee you that the farmhand has had a more moral upbringing and goes to Church more than the programmer.

    On what do you base this assumption, and what difference does it make anyway? Why do you think exposure to technology makes people less moral? Why do you think going to church makes someone more moral?

    You don't go far enough on this. It should be mandatory to ask whether this juror has ever illegally downloaded any copyrighted materials, or visited any pornographic websites.

    I agree that illegally downloading copyrighted materials is wrong. However, if someone downloaded an illegal mp3 five years ago, when they were still growing up, how does this make them unsuitable for jury duty?

    As for visiting pornographic websites - so what? The only time this might be relevant is in a sex related case, and even then I find it to be a weak argument. Extending this only slightly further than you already have, why not disqualify everyone who has ever seen some bare breasts on late night cable tv?

    Any questions about the veracity of the juror's answers should be taken care of by an inspection of his home computer.

    So, jury duty would also include having your home, and your privacy, violated by lawyers? Personally I find this completely unacceptable.

    While the Internet can be used for good, it has far more potential to taint the minds of the public than any other invention since the dawn of mankind, and we should not hesitate to keep our justice system (justice system) free of such influences.

    Please substantiate this remark. You could replace the word 'Internet' in this sentence with virtually anything, and someone proably believes it. Try 'alcohol', 'tobacco', 'drugs', 'chocolate', 'religion', 'politics', 'communism', 'capitalism', etc.

    a single juror gaining knowledge of the crime ahead of time could taint the trial

    I agree completely. But why blame the internet. Newspapers, television, and radio can all be blamed for this as well.

    Just as a single amoral or immoral juror could. These need to be screened for too.

    How would you suggest we do this, without violating the potential jurors' rights?

  89. Re:It is inherent that the Internet will taint tri by 7days · · Score: 1

    I don't think that one can make decision on something he doesn't understand.

    Then how can a non-Christian decide whether a man has strayed from righteousness or not?

    What the hell does porno have to do with being able to make good decision in court.

    If I cannot trust a man to make good decisions (not sin against God and demean his fellow men and women) in private, how can I trust him to make good decisions in a court of law?

  90. What?!? Kill 'em ALL!!! by Anonymous Coward · · Score: 1
    why crime now, worldwide is the worst it's been in the past 40 years

    Wow, and this at a time when official crime statistics are falling througout the OECD. I guess you know something the official sources don't

    It's by far the worst in the European nations, most of which, in a truly backwards and barbarous move, have banned the death penalty. thorities don't.

    No I think, you're a little confused here, it is state sponsered murder which is barbarous and backwards. While the US nearly made it into the ranks of the civilsed nations (ie. those with human rights including the renunciation by the state of the use of murder against its citizens), sadly the US has slipped backwards into barbarism.

    What are criminals supposed to fear

    Clearly they don't fear the death penalty. Just compare the levels of violence in countries like Nigeria, the US etc., with those of most civilised nations. The use of murder by the state has proven a most ineffective way to demonstrate to its citizens the sanctity of human life. On the other hand, the use of state murder does seem to be a pretty effective electioneering tool.

    Yes, on average, 312 children are shot and killed in the US every day

    And, no country which has abolished the death penalty even comes close to that ...

  91. Re:It is inherent that the Internet will taint tri by wyn · · Score: 1

    Only christians are moral? Who is being Elitist now? Actually the first wasn't Elitist because the fact is the majority of the population does not understand technology, and therefore is not really in a good position judge it. As for the reaction to Christianity on /. I think you need look no further than posts like yours that condemn those that think differently than you to figure out why you are greeted with scorn. I mean what a closed view of the world. I should feel sorry for you, but I can't bring myself to. Besides your probably a troll. -wyn

  92. Innocent until Proven Guilty by Ausmosis · · Score: 1

    Are we not innocent until proven guilty? If we lose this right why do we need a Justice System. Allowing the flow of this kind of information jeopardizes that crucial right which one day YOU or I may need and are entitled to. Many criminals, do end up living a normal life after they have served their time and they should be allowed to live that life undisturbed. This easliy retrievable information from crimenet could prevent that. Lets us not forget how easy it is to simply click a few buttons on the PC and get information in a matter of seconds. It isn't as easy to get this information if you have to go to a library and physically retrieve this information manually. It would be too time consuming for most people. Let us also not forget that the accused in the Melbourne case had incorrect or inadequet information on him placed in the database of crimenet. How many more inaccurate listings are there? and how many more will there be in the future. Maybe YOURS or mine huh ?? If this information needs to be published on the web, then maybe it should be left up to the Legal Profession such as the Courts to do and NOT some wacko who thinks he is doing everyone a favour by listing every criminal's profile when he gets his hands on some bit of information. (most times whats published in news papers is also incorrect). Something to stop and think about huh!

  93. Re:It is inherent that the Internet will taint tri by 7days · · Score: 1

    You would like to believe that I am, it would support your deeply flawed worldview.

    Support for my previous assertion:

    2 Corinthians 4:3 ," And even if our gospel is veiled it is veiled to those who are perishing, in whose case the god of this world has blinded the minds of the unbelieving, that they might not see the light of the gospel of the glory of Christ, who is the image of God."

    The meaning of this passage is that those who do not understand the Bible or believe that it has contradictions are the unrighteous or the evil who are damned and lost to God.

    Do you believe me now?

  94. Re:To to their job, jurys must understand the tria by Niggle · · Score: 1
    Over here (UK) the courts seem to think they don't need to understand.

    There was a complex fraud case a couple of years ago where one of the jurors asked to be removed because she couldn't understand the trial. IIRC, the judge found her in contempt of court.

    --
    - Blah blah blah, missing scientist. Blah blah blah, atomic bomb. -
  95. Re:It is inherent that the Internet will taint tri by divec · · Score: 3
    Middle America [is] a place of strong moral fiber

    Yknow that the abortion rate in Kansas is fast approaching 1 per woman-lifetime?
    --

    perl -e 'fork||print for split//,"hahahaha"'

  96. Re:It is inherent that the Internet will taint tri by Issue9mm · · Score: 3

    I think, more importantly than love thy neighbour, would be the passage "judge not, lest ye be judged." Isn't that in the bible somewhere? It seems to me that our fine Christian disciple has taken it upon himself to encroach upon two of the bible's most basic ideals. Open heart - open mind.

    I love the hypocrisy that seems to follow Christianity. Having attended private Christian school for a good portion of my upbringing, it is that mindset alone which has kept me 'out of God's grace'. I don't want to associate myself with a group that is so adept at preaching something, yet so ill-adept at following their own preachings.

    I do not find Christians immoral, nor do I find atheists immoral. I judge not, lest I be judged. I do tend to find more hypocrites acting on God's behalf than the other way around, however. I have some VERY righteous family members, who wholly believe in God, and are very active in the church, but it's not Christianity that makes them good people.

    For the record, I DO believe that a religion that teaches love thy neighbour, do not steal, etc. is a good thing for people willing to accept that. However, I don't feel that excluding yourself from said group, for WHATEVER reason, makes you any more immoral than anyone else, including members of the church.

  97. Re:What actual benefits does Crimenet have? by iamplasma · · Score: 1

    Fair treatment is a concept which cannot be taken away. You can take away rights, but never "fair treatment", unless you are a barbaric nation. As I clearly pointed out, that man paid for his crimes with an incredible gaol sentence, and felt remorse and sorrow for what he did. This was an old man, living in the shadow of what he did in his younger days. If an advanced civilisation such as ours (that's debatable) cannot ever forgive people under any circumstances, then we can hardly deserve to call ourselves "human".

  98. Re:It is inherent that the Internet will taint tri by twinpot · · Score: 1

    No, I mean Moslems. The god is the same, but the prophet (Jesus vs Mohammed) is different.

  99. Re:It is inherent that the Internet will taint tri by Tomahawk · · Score: 1

    Psalms 97:10 says, "Hate evil you who love the Lord."

    My neighbour is only he who is truly righteous and loves God. I hate those who direct themselves against our Lord, in accordance with Scripture.


    But didn't Jesus Himself say to 'Love one another as I have loved you'. Jesus didn't have any biases towards people. He forgave sinners - he didn't shun them. He didn't give off to them for being sinners. In fact, he loved them as much as he loved those who followed him.

    For someone who says that he is Christian, you certainly do not live the life the Jesus (who is God, don't forget) said to live. One of love for all man, not just the few who you select to be loved.

    Jesus also said 'let he who is without sin caste the first stone'. I'm sure you will remember the context of this. I'm sure you also remember the result - nobody threw a stone. Why? Because everyone is a sinner. There is not a single person in this world who, in the eyes of God, is not a sinner. And yes, that even means you. This means that Jesus, and God, loves you as much as he loves everyone else. He doesn't love you any more than anyone, nor any less. He loves all people, of all colours, of all religions, of all nationalities, or all beliefs, equally. Unconditionally. Whether or not these people believe in Him, or whether or not they even love Him back.

    And before you go saying that I am a Satan worshipper just because I read Slashdot and happen to be a programmer, I am not. I too am a Christian. Roman Catholic. I go to Church once a week. I believe that God exists. I have difficulty with these beliefs sometimes, but after all I am only human. God knows this too. I pray when I feel the need to pray, whether it is to ask for help, or to say Thank You.

    Feel free to condemn me, but remember that in Jesus's eyes, you are also condemning yourself...

    "What you do to the least of my breathern you do to me"

    Again, just like every time before, he means everyone. Even the murderers in our jails. The rapists. The pediaphiles. And the worst of the lot, us programmers!

  100. Re:It is inherent that the Internet will taint tri by Tomahawk · · Score: 1

    Remember, "Christians" != "Christianity".

    No, it's more like
    public class Christian implements Christianity {
    ...
    }

    T.

  101. Re:It is inherent that the Internet will taint tri by Axel23 · · Score: 1

    There wasn't really a divide.
    Mohammed (who wasn't a Jew or a Christian) lived in Saudi Arabia. He had a series of revelations from 'Allah' which form the basis of Islam. He claimed that 'Allah' was the same god asthat of the Christians & the Jews (who were both quite important in the region).

    However the Qu'ran (his holy book) is inconsistent with both the Torah/Old Testament & the New Testament.

    Most importantly he claimed that Jesus was a prophet & not the Son of God (something that is theologically impossible in Islam & Judaism).

    From an Islamic perspective, God is Allah but from a Christian perspective he isn't.

  102. Re:It is inherent that the Internet will taint tri by sqlrob · · Score: 1
    Nope. He meant what he said.

    Allah = Yahweh = Christian God

    The main dispute is who the hell (pun intended) is the prophet (Mohammed vs. Jesus vs. Nobody Yet)

  103. Re:It is inherent that the Internet will taint tri by twinpot · · Score: 1

    I'm not sure why the divide occured, only that while the Moslems acknowledge Jesus, they regard Mohammed as the (last) true, son of god prophet. (I too was suprised, but I had a Moslem friend with whom I had many discussions!)

  104. Re:Not that i'd know or anything... by Vanders · · Score: 3

    Damnit, i post as an AC because i think it'll get moderated down, and it gains 4 points! Now this one will get moderated down because it's OT and redundunt. Whats a Karma whore to do? ;)

  105. Re:Crime in the media by divec · · Score: 1
    The Lawyers look at race, religion, class etc. not to get an even crossmix but to get folks that will empathise with their side of the story

    But that kind of selection is not allowed in Australia AFAIK. (Or most places that aren't the US)
    --

    perl -e 'fork||print for split//,"hahahaha"'

  106. Legal evolution by 1DeepThought · · Score: 1
    Should the jury know the facts? I think there can be a case made for it. Should we have a jury of peers at all? A case can be made of that too. However, the current Australian law states that we do have a jury of twelve peers and that they must be impartial. It may no be a perfect system but it is the one that we have. I wish I had the answer but I don't. I think the law is something that must evolve with precedent over time. I think this is one precedent that will help it evolve.

    "Patience is a virtue, afforded those with nothing better to do." - I don't remember

    --

    "Patience is a virtue, afforded those with nothing better to do." - I don't remember

  107. Re:It is inherent that the Internet will taint tri by Vanders · · Score: 2

    Turning your argument on it's head, what right does a Christian have to decide if say, a Muslim, a Jew, an atheist etc. has commited a crime?

  108. What actual benefits does Crimenet have? by iamplasma · · Score: 1
    While I think that the judge was overreacting with his decision, I must ask, what is the use of Crimenet at all?

    While the odds of a juror using it may be microscopic, and so on a case-by-case basis not enough to cancel a trial, somewhere along the line, in one of the many cases in a year, someone will use it.

    While some portions of Crimenet may be useful, the only possible result of having past convictions available is to set people against the person convicted.

    Many Australians may remember the child molesterer Luthwaite who was release approx 1 year ago, after an incredibly long gaol sentence, and he was certainly incapable of being a danger to society. When the public found out about this, he was hounded into hiding, harrassed and attacked at every turn. Do we really want to place the so called "rights" of Freedom of Speech or Freedom of Information above the rights of a person to fair justice and treatment in society?

    Simply, put yourself in the shoes of someone who was once picked up for a crime (whatever it is), and has spent their time in gaol. When you move back into society, what could be worse than someone finding out and then making your life unbearable.

    The costs of these records being on Crimenet infinitely outweigh the benefits, and so it should certainly not be allowed to continue publishing these sorts of records of people.

  109. Re:It is inherent that the Internet will taint tri by divec · · Score: 1

    Please. If 1 Christian is worth flaming, it doesn't mean you should use flames which attack Christians in general.

    --

    perl -e 'fork||print for split//,"hahahaha"'

  110. Re:It is inherent that the Internet will taint tri by krystal_blade · · Score: 1
    The question of "Do you own a computer?" doesn't exempt computer owners the right to sit in on a jury; It DENIES them that right. Think about it. While stating that non technically inclined people would be making decisions may be "Elitist", saying that exempting technically inclined people is right is incredibly biased. Jury selection should not even involve such trivialities.

    If you are an average citizen, and commit a crime, chances are that you have the right to be judged by a jury of your peers. Is that to mean that the concept of peers includes whether or not you own a computer? What about a SUV? Rent or Own a home? Have a Condo? Boxers or Briefs?

    The computer is a tool, and it does not, nor should it define whether a person is fit for jury duty or not. Being judged by your peers means being judged by the same melting pot that makes up society.

    The notion of keeping a jurors mind clean is absurd. Whether or not a person did one thing or not has nothing to do with their ability to judge fairly. That's like asking a juror if they ever speed, or blow a stop sign, when screening for a rape trial. Unnecessary and idiotic. (Unless a car chase was involved and will be presented.)

    Jurors are (In the US, today) asked prepared questions based around the case they are involved with.

    Remember, a jury of your peers does not include the statement of "Wholly lawful abiding citizens."

    Tilting the scales of justice to your line of thinking would sway the favor of the trials towards that of the prosecution.

    The Justice system is not supposed to "SEE" whether a person is guilty or not. That is what a jury is there for.

    krystal_blade

    --
    It will be easy to motivate our fellow man; there is hardly anything people treasure more than not being annihilated.
  111. Insightful?? by guran · · Score: 2
    Posting anonymously and moderating our own comments are we?

    And, next time you troll, you might want to stay with the good ol' "stupid opinion" method, and not mix it up with incorrect statistics. I mean at least not dead wrong numbers.

    --

    All opinions are my own - until criticized

  112. Case of Sub-Judicy thats all by DABANSHEE · · Score: 1

    It's no different than any other forms of media in Australia. When anyone gets arrested here, until they either pleed guilty or get found guilty, all information concerning them is concidered sub-judicy & cannot be mentioned by the media. If a newpaper had mention any past arrests a mis-trial would also have been called & th newspaper would have been found in contempt of court. We've actually had radio personalities in Australia, that have gone to jail for contempt, for breaking the laws concerning sub-judicy. Maybe all of you should study up & get your facts right before posting comments on subjects you know nothing about.

  113. Re:It is inherent that the Internet will taint tri by jeff_bond · · Score: 1
    They lie that way because you are too blind to see the truth. Christians have an obligation to set right the wrongs of the world, and if this leads to violence, it is only because others are too blind or too evil-hearted to accept God's truth.

    All of your beliefs seem to based entirely on what other people have taught you, and what you have read, and not at all based upon your own observations of the world we live in.

    You're a very good troll if that's what you are, but alas, I fear the worst.

    Jeff

    --
    stty erase ^H
  114. Re:It is inherent that the Internet will taint tri by 7days · · Score: 1

    What right do I have? The Bible. The Bible very clearly lays out what is good and right and moral and what is not. The Torah and the Koran are, at best, incomplete and ridden with contradictions.

    Many unbelievers do see contradictions in the Bible, but this is only because they are evil and bent on confounding God's holy word. The truly righteous see no such contradictions and are able to ascertain God's true meaning.

  115. Site revised to bar access to jurors by antic · · Score: 1

    Link: Managing Director of Crimenet says visitors to the updated site must state if they are jurors on a trial before they can access information.

    Link: "Queensland has joined New South Wales and Victoria in expressing concern about the impact of an Internet site which contains details on criminals."

    Link: "Australian attorneys-general will consider ways to protect the jury system, after an Internet site forced a murder trial to be aborted."

    --
    'Thats they exact same thing a banana wrench monkey.'
  116. Describing Their Crimes. by pcburns · · Score: 1
    Perhaps criminals would benefit by describing their crimes in excruciating detail as soon as they're apprehended.

    When Mark Brandon "Chopper" Read went to jail he started writing. He has written a number of books about his exploits. They have sold fairly well. William Gibson acknowledges Read (and his books) as the basis for "Blackwell" in Idoru.

  117. obsession by fleener · · Score: 1
    This is an example of how obsession with a web site can make someone feel negative content is being seen by everyone, instead of being buried in a haystack. Sure, the jurors can hop on a search engine and find the info, but they can also stroll on down to the corner library and locate it in newspaper records. The root issue is one of controlling juror action.

    But hey, some of us prone to unpopular opinion will also say the judicial system is whack. All too frequently injustices occur in jury verdicts because past criminal records (i.e., chronic conduct) was suppressed by the judge under the pristine notion that past conduct has no bearing on a person's present day actions. Imagine if the business world operated that way (not checking references, not caring about previous job performance).

    1. Re:obsession by Ausmosis · · Score: 1
      Sure, the jurors can hop on a search engine and find the info, but they can also stroll on down to the corner library and locate it in newspaper records. The root issue is one of controlling juror action.

      Have you not read previous posts about the media and how incorrect they can be?

      All too frequently injustices occur in jury verdicts because past criminal records (i.e., chronic conduct) was suppressed by the judge under the pristine notion that past conduct has no bearing on a person's present day actions

      More times then many it's because of the inadequecy of the DPP (prosecution) not doing their homework properly, and not because prior convitions were not presented to jurors.

    2. Re:obsession by fleener · · Score: 1
      How can you achieve this without having them locked up in rooms 24hours for the duration of a trial?

      You accept that it's impossible to prevent the flow of information to an individual. You accept that jurors enter the courtroom with a load of prejudicial preconceptions that never get revealed during pre-trial juror questioning. You accept that a certain level of background information is normal for a juror to have and is probably healthy because it implies the jurors do more with their time than sit home watching Days of Our Lives. A jury of my peers is not a jury of uneducated, ill-informed people who lack critical thinking skills.

  118. I am trollholio, I need TP for my trollhole by grv · · Score: 1

    You've blown it troll boy. You had me up until that last post. You should have quit while you were ahead. You were doing quite well.

  119. Solutions... by pallex · · Score: 2

    ...contempt of court for publishing stuff about pending court cases (would at least move sites to another country)

    Or not disclosing the names of any people in the court case (defendant, witnesses), including to the jury, until after the case...

    Theres already too much stuff in the press...Craig Charles was accused of rape, held on remand (in prison) for months, eventually found not guilty, but its not like the doctrine of `innocent until proven guilty` was uphelp there, was it?! Plus you get vigilante type idiots who believe anything the police say as an excuse to get all hot and bothered about stuff...

    1. Re:Solutions... by pallex · · Score: 1

      (I`m from the UK. too, in case you didnt guess! ;)

      The UK. Government is considering doing away with the rule which disallows a second prosecution after the original one has failed.
      I assume that this idea will face the same problems as in the Australian case - that people will know about the case beforehand.

      Given the current trend towards the New World Order (with its one set of laws for everyone) perhaps applying this worldwide would be one way of `solving` the `problem` (of info about trials on websites) - it`d just be ignored. The trial would just go ahead anyway.

      a.

    2. Re:Solutions... by luckykaa · · Score: 1

      perhaps the jury shouldn't even get to see them. That would prevent accusations of bias based on race or grotesque uglyness.

      Reminds me of an experiment (Megalab) a few years ago. A politician was interviewed twice about what his favourite film was. In one he lied, in the other he told the truth. The readers of a the Daily Telegraph were given a transcript, people who listened to Radio 1 were given sound only, and people who saw the Tomorrow's World TV programme saw video as well.

      It turned out (as predicted) that those who saw the video were most easily deceived. I think those who heard it on the radio were most likely to tell when he was lieing.

      The test was quite scientific, with a sample set in the millions, and checked by statisticians. Smaller tests have shown similar results.

  120. Obvious Manipulation by mar1boro · · Score: 1

    Being the anti-social cinspiracy theorist that I am, here is my take.

    Certain elements *sic* of the western democracies want desperately to gain a stranglehold on the
    net, both in terms of access and content. In the US, the very size of the connected community
    coupled with the chaotic nature of our culture leads to conflict in the area of online rights.

    Australia has recently been a testbed in which several experimental attacks have been launched
    against the rights of citizens to freely associate and communicate online.

    In a democracy, if you can't persuade an elected legislator to take up your cause, you get a
    non-elected judge to legislate through the courts. Scare tactics (free a likely murderer into your
    community), often sway public opinion. It is much easier to get an elected official to do the wrong
    thing (or the right thing)when you gain control of the hearts, minds, and/or wallets of his
    constituancy.

    --
    -- "It was as if the paint factories had decided to deal direct with the art galleries." - Thursday Next
  121. Re:It is inherent that the Internet will taint tri by shilly · · Score: 1

    Not to nit-pick or anything, but...the Torah is remarkable for how it *shies away* from glorifying either the Jewish people as a whole or individuals. Moral failing is a key theme--just some examples: King David and Bathsheva; Moshe dying outside Israel; the Golden Calf; and of course practicaly the whole of Nevi'im (the Prophets). The first chapter of Mimesis by Norman Auerbach discusses some of this from a literary perspective.

    That said, I agree that you need to read the Torah historically--among other ways of reading it.

  122. Ethics of Privacy. by CGU_Grey · · Score: 3

    Do you wish to pay with your reputation of others entertainment. CrimeNet is propably mostly entertaining, but how about privacy... the article noted that people on CrimeNets 'blacklist' had had a hard time getting jobs etc.

    I admit that the ciminals must be punished but not with eternal mark on their foreheads.

    --
    Parents Against Kuro5hin
    1. Re:Ethics of Privacy. by Jeremy+Erwin · · Score: 1

      There's always an upside and a downside to regulating transparency. On the one hand, increasing transparency allows citizens to keep tabs on the workings of their governement and guard against fraud and incompetence. On the o ther hand, increasing transparency will often violate rights of privacy.

      A couple of illustative cases may be in order: In Washington DC, several cases of child abuses and neglect by court appointed guardians have occurred, and privacy laws have shielded the persons responsible from the glaring eyes of the press, private investigators, and oversight commissions.

      Several people have tried to use "Freedom of Information Act" type laws to gather and publish the internet browser histories of government employees and officials, obstensibly to root out people who were looking at "porn" sites instead of doing their jobs. This would open up a pandora's box of complicating factors:

      University faculty are, at some point, considered to be state governemnet employees. Ignoring, for now, the Harvard Divinity school administrator who was fired for his online pornography habits, I would expect that University employees do a great deal of browsing that is either personal, or related to ongoing research. Such information should probably not be published.

      Why should governement employees be subject to more scrutiny than other workers. I know for a fact that more than a few corporate mirrors of the "Victoria's Secret" fashion show were local mirrored by corporate IT networks to take the load off the external feed. And I would imagine that more than a few employees have been fired for obnoxious web surfing habits, but few presses have tried to "expose" similar "scandals" at private companies.

  123. Magnificent Troll. by Absimiliard · · Score: 1

    BWAAAHAHAHHHAHAHAHAHAHAHAHA!

    ROFLMAO

    HAHAHAHAHA HAHHAHAHAHAHAHA HAHAHAHA

    A HAHAH HA AHAAHAAAHAHHA

    Ohh, that hurt *wipes tears from eyes*

    Okay, *several deep breaths* Okay, I'm better now.

    I would like to commend you 7Days. That was truly a beautiful troll. Your responses in all their bigoted illogic have everyone going.

    Your efforts have near single-handedly derailed this whole thread.

    Bah, no rewards to all the uninventive trolls talking about hot grits or Natalie, this guy here is brilliant. He rants onwards in a way designed to get the goat of just about any reader, including good christian ones.

    7Days, you are outstanding. I hereby award you "Troll of the Year", *hands statuette over*, for you brilliant work in suckering us all in.

    I will now stand back and let you make your acceptance speach. I'm sure you have some nasty verbiage to aim at me.

    Unfortunately for you I am now done with this thread, it's amusement potential has gone and I'm marching onwards towards things that actually matter, unlike you.

    Absimiliard

  124. The Over-Reaction == Excuse For Future Censorship by Yardley · · Score: 3

    This is just another excuse for Austalia (its government) to censor the Net down under.

    There was no evidence that any of the jurors had seen the information, so why dismiss the jury?

    Answer: to scare the public that the Internet will make it so crimes go unpunished. Thus, to further scare the public into accepting Net censorship.

    --

    --
    He lives in a world where those who do not run the client software of the omnipresent meme are unacceptable.
  125. Re:It is inherent that the Internet will taint tri by chialea · · Score: 2

    I thought the difference between Jews and Christians was that the Christians think that Jesus is the Son of God and Jews think Jesus was a false profit.


    putting aside any financial jokes for the time being, the difference is that Christians now think Jesus was the One True Savior (tm) Son of God (c), etc. Jews instead see Jesus as a wise prophet, but not The Savior.


    Lea

  126. Sentenced to a life of crime by Weasel+Boy · · Score: 1

    That poor, poor fellow who is afraid he's sentenced to a life of crime because his prior conviction is listed on CrimeNet.

    WAKE UP!!!

    Prior convictions are and have always been a matter of public record. CrimeNet does nothing to change this. In the US (don't know about Australia), EVERY JOB APPLICATION asks the applicant if they have any criminal convictions. It's a quaint little principle we have called disclosure. Also known as honesty. CrimeNet does nothing to change this, either.

    In other words, the capability has always existed for motivated ordinary folks to find out if their neighbors, coworkers, or employees are ex-cons. CrimeNet does nothing to change this.

    IN SUMMARY:

    If this fellow didn't want to be forever branded a criminal and discriminated against... if he wasn't prepared to accept the NATURAL and PROPER CONSEQUENCES of being convicted of a crime...

    THEN HE SHOULD HAVE THOUGHT OF THAT BEFORE HE COMMITTED THE CRIME!!!

  127. Re:Whose info? Public domain means you can sell it by Software · · Score: 1
    Perhaps this is flamebait, but I'll take it.

    It is perfectly legal and ethical to take information that is in the public domain (such as court records, old books, etc.) and sell it without recompense to the public.

  128. Timothy and the Law by Jacques+Chester · · Score: 2
    "The jury in a murder trial in Melbourne was dismissed because the details about a previous trial of the accused is available on CrimeNet (www.crimenet.com.au). There was no evidence that any of the jurors had seen the information and the information is publically available in newspaper archives. Here is a link to the story." This sets an odd precedent, to say the least. Perhaps criminals would benefit by describing their crimes in excruciating detail as soon as they're apprehended. What do y'all think down under?

    Timothy - I don't think it's an odd precedent at all. I think the judge has acted in the spirit of the law. Due process necessitates that you will have a fair and unbiased jury. While there will always be bias, while jurors are human, we are still better off in trying to consciously overcome our own shortcomings.

    Secondly, you seem to be under the impression that CrimeNet is police-operated. The fact is that CrimeNet gathers its material from publically available sources - newspapers, what information police will provide, and so forth.

    Thirdly, the criminal's decision to describe his crime would - should other evidence support the case - likely have him found guilty by trial.

    I believe that there are two critical items here:

    1. CrimeNet is Very Easy - it's very, very easy to obtain information on people through CrimeNet. They're getting the closest thing to a slashdot effect the general public can create.
    2. CrimeNet is not Infallible - and this is the bigger worry. As the article points out, a search for a name may either turn up information that is simply wrong (so surprising, considering it is sourced from newspapers), or indeed the profile of another person with the same name.

    Taken together, these mean that there is a real chance that jurors will hold pre-judgement - prejudice, in other words. And there is stacks of research that shows you that prejudices have tangible affects on trial outcomes.

    The judge has set a good precedent here. Let's not tear him down for it.

    be well;

    JC.

    ps - Timothy: some of us may find "y'all down under" just a teensie bit patronising. Not all. Some.

    --
    "Don't declare a revolution unless you are prepared to be guillotined." - Anon.

    --

    Classical Liberalism: All your base are belong to you.

  129. Re:It is inherent that the Internet will taint tri by kevin+lyda · · Score: 2

    isn't there some lion you should be providing sustanence for?

    --
    US Citizen living abroad? Register to vote!
  130. Re:It is inherent that the Internet will taint tri by twinpot · · Score: 1

    Sorry, but if he is an atheist he does not believe in (S)satan either.

    So much hurt and pain has been caused in the name of religion, you should at least understand why so many do not share your beliefs.

    BTW, do you think Moslems are immoral - after all, both you and they worship the same (G)god

  131. In England ... by cah1 · · Score: 1

    As I Understand It, previous trials and convictions are inadmissable *unless brought up by the defence* - so if a criminal ran his own information site, that's ok, it would be admissable (it would also be a confesssion :) - it's the independence of the site that would be the crux under English law.

    --

    --
    "I do not speak for my employers, though they are controlled from my Teddy's huge pulsating brain."
  132. Re:It is inherent that the Internet will taint tri by Vanders · · Score: 3

    This is fact, as substantiated in the Bible.

    I have never read the bible, nor do i believe a word of it. Your argument holds no weight for me there.

    therefore you, knowingly or not, worship Satan. You are immoral.

    I should take this personally. But i won't. Because a) I don't believe in Satan, so why should that worry me in the slightest? b) If i am a glowing example of a Satan worshiper, i think there should be more of us in the world.

    Christians have an obligation to set right the wrongs of the world

    Translation "I am better than you. I shall stick my nose into other peoples business and tell them what to do. I do not beleive in individuality."

    and if this leads to violence

    Yeah, violence is great in the name of God, perfectly alright. Oh, doesn't the Bible say something about "Love thy neighbour", or are you allowed to ignore that bit if it suits you?

  133. Re:Crime in the media by Tei'ehm+Teuw · · Score: 1
    But that kind of selection is not allowed in Australia AFAIK.

    Example one as toilet a from drains water how look .Hemisphere that in down backwards is everything because that's

  134. This is why Christians are hypocrites. by Oscar26 · · Score: 1

    I call myself a Christian. And I see hundreds of other so called "Christians" everyday cut people off, speed agressively, yell at waitresses because of this or that. They show no love. Quite often I am ashamed to call myself Christian because I don't want to be associated with these people. How do you justify your 4 assumptions? Since when is working on the Sabbath a sin? Question, what day is Sabbath? You are calling upon the letter of the law, not the spirit of the law. Could it be that God was trying to tell us to make sure we take a day off every week to rest, relax and enjoy ourselves? The bible also says that women shouldn't speak or sing in church. Oh, and about middle america, did you know that the "Bible belt" has the HIGHEST divorce rate in the nation? (I'm trying to find the story, cnn.com posted it last fall I think) Can you explain that one? Oh, and please tell me again why I have to attend church twice a week?

    1. Re:This is why Christians are hypocrites. by codemonkey_uk · · Score: 1
      Dont you mean "It's people like you who give Christianity/Christians a bad name."? Otherwise it would seem like your calling yourself a hypocrite!

      Thad

      --

      Thad

  135. Re:It is inherent that the Internet will taint tri by Vanders · · Score: 2

    O.K, you've got to be Trolling now.

  136. TROLL by codemonkey_uk · · Score: 1
    It is my informed opinion that the above message is a Troll.

    To 7days - Well trolled troll boy, you got 'em good.

    To an active moderator - Mod it down, and perhaps people will stop getting so exited about it.

    To everyone else - IGNORE IT. Its nonsense.

    PS Perhaps I'm wrong. I might be.

    Thad

    --

    Thad

  137. Re:It is inherent that the Internet will taint tri by wowbagger · · Score: 2
    At the risk of some karma, may I suggest that:
    1. People should learn not to respond to the trolls, it only encourages them
    2. Moderators should moderate down any response to a troll (including this one, to be fair).

  138. spare me the over-reacting conspiracy theories... by wanderingwalrus · · Score: 1

    As much as I feel the decision to dismiss the case was pretty dubious, I think you're clutching for straws a bit to accuse a judge of conspiring with the government to send chills down the spines of the Australian public.

    More likely, the judge has no real understanding of the Internet medium and perhaps more thought and correspondence was needed before he made his decision to dismiss the case. One feels he dismissed the case since he wasn't quite sure how the avaialbility of this sort of information on the net could impact a jury, not to further any secret agendas in the censorship of the Net down under.

    The same sort of "Oz Government are evil, freedom strangling scum" vibe have been flowing freely since the "censorship" laws was introduced a bit back. While it's arguable whether or not they're scums, I doubt very much that they are actively trying suppress freedom on the internet.

    The fact is, John Howard (the PM) and his cronies wouldn't know the Net if it ran him over on an Autumn Sunday morning. As much as the net does pose a threat to the establishment, I doubt Howard understands its potential well enough to even be scared of it. Basically, I doubt Howard is clever enough to come up with such a plan to censor the net. Pretty much everybody in Oz knew that the censorship laws that were passed were just a big Political stunt in order to gain support of an independent, no more, no less. Apart from telstra shutting down a couple of teenies porn newsgroups, i've heard no cases of the effects of the legislation, and definitely no ISP being shut down because of it.... it was a law witout any bite.

    Basically, the Oz government and the legal system is about 7 years behind the world in the technology stakes. They are so far behind the eight ball that they don't even seem to be trying to catch up. It will have to take a new generation of politicians with some technological awareness to bring them up to speed. Until then, for little Johnnie Howard and his boys, the Internet is merely this one enormous porn site that needs to be kept in check once in a while ; )

  139. Thats a bizarre interpretation of the law by luckykaa · · Score: 1

    Crimenet isn't giving opinions on the current case. Its just an archive. You might as well say that the jurors could look up references to a criminal in newspaper back issues.

    Surely in this case it would be simpler to just ensure that the Jurors had no internet access during the trial. Even thats a bit extreme. Its not like they might accidentally stumble on it like they would if the information was published in a newspaper.

    1. Re:Thats a bizarre interpretation of the law by Jon+Peterson · · Score: 2

      IANAL

      The past history of a defendant cannot (and should not) be used as evidence. You try someone on the facts, not on their reputation or record.

      Jurors are forbidden from looking up details of a defendant in public records etc, but that is not the point. Going to your local library and doing a newspaper article search to see if a defendant has a dubious past is:

      1. Time consuming
      2. Requires reasonable knowledge of how records offices work, how to use microfiche properly etc.
      3. Involves a physical element that makes it easier to trace you, make it more apparent you're doing something wrong.
      4. Essentially impractical since you'll be in court all day.

      Doing the same on the internet, especially on a site that has been created for just such a purpose is:

      1. Fast
      2. Can be done at night/evening
      3. Does not involve verifiable records - depending on the site it could be pure rumour that you're looking up.
      4. Doesn't "feel" like you're doing anything wrong.

      Overall, I think there's a good argument that such sites seriously impact the jury process, especially as they become better known.

      Currently it is quite practical to stop jurors having access to this sort of information. The internet makes it harder, and while for high profile trials jurors are kept in hotels without access to t.v / newspapers etc no-one can afford to do that for every trial of every local criminal.

      It would be a bad world indeed where a juror on a case of, say burglary and assault in their local town when home after the first day of the trial and read on www.tastelesscrimesite.com that the defendant had been 'implicated in a number of fraud cases involving pensioners in the area'. That would surely start to bias the average juror into thinking 'this person is wicked' despite the claim being 1. dubious and 2. irrelevant.

      To do the same without the Internet the juror would have had to search maybe three years of the local free paper to find the two inch column that says 'local man implicated in recent pensioner scams'. Something that is unlikely to happen.

      --
      ----- .sig: file not found
  140. Re:What?!? Terrible ignorance.... by krystal_blade · · Score: 1
    Dismissing a case based on publically available information?

    Ummm... Hate to break it to ya, but dismissing the jury is ENTIRELY DIFFERENT from dismissing the case.

    When a jury is dismissed, a NEW jury is selected.

    Other than that slight misunderstanding... (Only 16 lines of text were wacked, you still have your sig...doh!)

    I found your baiting, I mean writing to be quite interesting.

    krystal_blade

    --
    It will be easy to motivate our fellow man; there is hardly anything people treasure more than not being annihilated.
  141. Crime in the media by Vanders · · Score: 2

    O.K, so even if one of the jurors did read the website, i'm sure the court could have found a replacement. After all, if a US court could manage to find an entire jury for the OJ Simpson trial, i'm sure it would have been many orders of magnitude easier to find a jury who hadn't even heard of the website.

    Reporting crime in the media is nothing new at all, it just seems that the court took a knee-jerk action because the details were on the internet this time.

  142. Blatant stupidity? by JazzManDRP · · Score: 2

    If a jury are dismissed just for the possibility of having seen the site... surely this means that there are no valid jurors, worldwide? Or do we now resort to jurors from countries with no widespread internet access? Or do we just let them go now, since there's apparently no way to try them...?

    Personally, I'd say string 'em up... but that's just me...

    Considering that the material was available in newspapers, which the jurors are much more likely to have seen, this all seems too much like the typical panic of the ignorant - "The Internet's going to take over the world!!!" I think not...

  143. Scary thought indeed. by kd5biv · · Score: 1
    Beyond that, the article raises a lot of intersting AND frightening point. What if an offender has the same name as *you*? Shit, I know there was another guy with the same name AND same age as I in my university, although I never met him -- I discovered that when I applied for a library card: "oh you are already registered". Not me!
    If they don't know the suspect's name, but have a description that could fit you, or the name and description could both fit you, it's likely to come up if you happen to be (or could have been) in the neighborhood when the crime was committed.

    One reason I try to avoid getting ticketed these days -- that's when you're most likely to be flagged as someone they want to bring in and question, and bear in mind that in the USA at least, they can hold you for up to 48 hours (?) without any charges.

    This is also a reason I regularly monitor police dispatch frequencies .. at least if you're listening, you have some idea of what they think you might have done, although if it's serious they might try and confiscate your scanner .. and it doesn't hurt to keep an ear out for your license plate number in case something obviously bogus gets reported back.

    (Case in point: an LAPD officer in West Hollywood, I believe, sees a driver acting 'suspicious' and calls in the car's plate number. Dispatch reports the plate number as being registered to a completely different make and model. Cop says 'Right!!' and stops the car, calls backup, and they do the whole high-incident stolen-car get-out-with-your-hands-up-and-lie-down-on-the-pav ement routine with guns drawn, PA speaker, hostile witnesses, the whole bit. Dispatch comes back and says 'oops, that was supposed to be..' and gives the correct registration which matches the car and the driver, who has no priors and everybody in the car is clean. Paranoid and scared as hell, but clean. Cop gives a fairly lame apology and excuse and sends the car on its way. Could have been **MUCH, MUCH** worse, and this happened **WITH A TV CREW FILMING THE WHOLE THING**, so if anything they were being extra careful. Imagine what might have happened if one of the people in *that* car matched the description of a suspect in a rape case, or a recent convenience store robbery.)

    Yeah .. keeps me awake sometimes ..
    --


    73 de N5VB (ex-KD5BIV) AR SK
  144. Vigilantism?! by Emordnilap · · Score: 1

    Quoted from the article:
    >She said Mr Williams and federal Justice
    >Minister Amanda Vanstone had grave concerns
    >about issues like privacy and vigilantism that
    >were raised by such web sites.

    Vigilantism? I thought they got rid of all the guns in Australia.

    "I can't wait 'til we can blame accidents on Computer Error, because it will mean we've got A.I." - Dominic

  145. Re:It is inherent that the Internet will taint tri by bungalow · · Score: 1

    I went into my classroom,
    Ready for another year at school.
    I didn't want the work,
    Just wanted to hang and be cool.

    I had on new clothes,
    New sneaks on my feet.
    I was there for class on time,
    Went to the back and took my seat.

    Yeah, I'm moving up,
    I'm already grown.
    Soon I'll be graduating,
    And out on my own.

    I talked to some of my friends,
    We were all having fun.
    Said some things I shouldn't have said,
    Did stuff I shouldn't have done.

    I knew I was different.
    I felt God touch my heart,
    I knew I should set a standard,
    But then I'd be set apart.

    Walking to the bus,
    I was not looking for strength.
    I heard the car tires screeching,
    But now it's too late.

    I'm standing in this room,
    And I can see the heavenly gate.
    Oh no! I never prayed.
    I thought I had time to get it straight.

    An angel walked to me,
    He had a book in his hand.
    I knew it was the Book of Life,
    When would this dream end?

    I told him my name,
    And he began to look.
    Then he looked at me sadly and said,
    Your name is not in this book.

    Angel, this is a dream,
    No, I can't be dead!
    He closed the book and turned away,
    He whispered - You cannot proceed ahead.

    No...no this can't be real,
    Angel, you can't turn me away.
    Let me talk to God,
    Maybe he'll let me stay.

    He led me to the gate,
    Jesus came to me.
    He did not let me in but said,
    Beloved what is your need?

    Jesus, I cried, please,
    Don't cast me away from you.
    Tears ran down his face as he said,
    You knew what you needed to do.

    Lord, please I'm young,
    I never thought I would die.
    I thought I'd have plenty of time,
    Death caught me by surprise.

    Lord, I went to church,
    Please Jesus, I believe.
    He said you would not accept me,
    My love you would not receive.

    Lord, there were too many hypocrites,
    They weren't being true.
    He took a step back and asked,
    What does that have to do with you?

    Lord, my family claimed to be saved,
    They weren't real. You know.
    He said, I died for you,
    Now I have to go.

    I fell to my knees crying to Him,
    Lord, I planned to be real tomorrow.
    I couldn't, make Him understand,
    I had never-felt such sorrow.

    Then it hit me hard, I said,
    Lord, where will I go?
    He looked into my eyes and said,
    My child you already know.

    Please Jesus, I begged,
    The place is so hot.
    It seemed to trouble and grieve him,
    He whispered, DEPART FROM ME, I KNOW YOU NOT.

    Lord, you're supposed to be love,
    How can you send me to damnation?
    He replied, With your mouth you said you
    loved me,
    But each day you rejected my salvation.

    With that in an instant,
    Day turned into night.
    never knew such torture could be,
    Now too late, I know the Bible is right.

    If I can tell you anything,
    Hell has no age.
    It is a place of torture,
    Separated from God and full of rage.

    You know, I thought it was funny-a joke,
    But this one thing is true.
    If you never accept Jesus Christ,
    HELL IS WAITING FOR YOU!

    So please, ask Him into your heart.

  146. Re:Honor System by Fishstick · · Score: 1

    >Is my verbal agreement to not read any websites dealing with the case somehow inherently less believable than my word to not research the case at the library?

    It is because the internet has the evil ability to circumvent your morals and good intentions. ;) (sarcasm, for humor-impaired)

    Haven't you been paying attention? This internet-thingy turns law-abiding citizens and innocent youths into soul-less shells that can no longer distinguish between right and wrong.

    You don't even have to voluntarilly visit bad web sites. Just having internet access and going within 10 feet of your computer is enough for the vile internet to take over your being. Beware! Don't let your young children near this internet menace! God we can only hope the government can protect us from this unholy scourge!

    pah!

    --

    There is much cruelty in the universe, John.
    Yeah, we seem to have the tour map.

  147. Re:It is inherent that the Internet will taint tri by Biff+Cool · · Score: 1
    You're my favorite troll ever.

    Conscience is the inner voice which warns us that someone may be looking.

    --

    Conscience is the inner voice which warns us that someone may be looking.
    -- H. L. Mencken

  148. Re:It is inherent that the Internet will taint tri by guran · · Score: 2
    My neighbour is only he who is truly righteous and loves God. I hate those who direct themselves against our Lord, in accordance with Scripture.

    Fortunately Jesus does not agree with you.

    I could post a number of bible quotes here, but if you are really a christian I wont have to.

    --

    All opinions are my own - until criticized

  149. Learn The Error Of Your Wicked Ways. by Anonymous Coward · · Score: 2
    You are a very poor troll or are a very poor Christian. Maybe you are both, I hope not. Please let me expain to you the error of your ways...

    most people that are Christians are not true Christians. They do not attend Church twice a week and pray every night

    A 'true Christian' (your term, not mine) would go to Church more frequently than twice a week (how about twice a day?), and would pray more regularly than every night. A true Christian would praise God with everything he says and does.

    A place where Christianity is taboo has a much larger proportion of programmers than almost any other website I know of.

    Christianity is not a taboo on Slashdot, what rubbish. However, Slashdot is a Linux website and discussions of Christianity would be off-topic. In fact, Slashdot gives a free platform from which Christians (such as myself) are able to air our views. Try Advogato and The Stile Project for even less coverage of Christian issues. You will then realise how tolerant Slashdot is to the discussion of Christianity and Christian issues.

    Fourth: a farmhand is likely to have grown up in Middle America, a place of strong moral fiber, and to be free from many of the evil influences that the city brings.

    Utter nonsense, trollboy. Middle America is a place of very poor moral fibre - it is an inherently racist region and a region ruled by violence. Guns (the tools Satan uses to turn man against his fellow man) are widespread in America, and the majority of Americans worship the ideals of consumerism rather than God. It is down to individual choice whether or not to follow Evil, and in this respect no region is better than any other. As far as "evil influences" of cities, surely cities have more churches per area than small less densely populated villages, therefore cities are intrinsically holy?

    Most people with a Computer Science degree are lucky to remain with the slightest few sheds of religion that have not been indoctrinated out of them.

    Hello? Computer Science degrees make no attempts influence people's religious views. While they may indoctrinate people that Python is better than Perl, Solaris is better than BSD, vi is better than EMACS and Microsoft is better than everything put together, these are not religous arguments. They are trivial.

    Please, think before you post next time.

  150. Re:It is inherent that the Internet will taint tri by Troed · · Score: 1
    I can almost guarantee you that the farmhand has had a more moral upbringing and goes to Church more than the programmer.

    Exactly - good reasons why we don't want them in a jury.

    Elitism, yes - so?

  151. Re:Honor System by bungalow · · Score: 1

    I assume that the Aussies also have a similar convention. So, my confusion is over why it is okay for me to say... "no, I've never heard of this case nor will I go look it up in the library." Yet my disavowing any readership of CrimeNet is not just as valid a claim.

    ____________________

    Prior to last month or last week ( or whenever it was) I would have denied seeing the source code for a certain proprietary extension to a well-known security utility. However, I did see the source code and I have been permanently altered by the experience (at least in the sense that I cannot in good conscience - legalities aside - produce a clean-room working implementation of said utility).

    Granted, I was reading an article about the utility at the time.

    More recently, I have found myself reading articles about black and brown footware, before discovering that they were actually discussing monopoly power.

    Similarly, I read gulliver's travels long before I thought I knew anything about the British Parliament.

    I read what I understood to be a wonderful book about agricultural management (gone awry) by George Orwell.

    Of course, I am not so dense that I did not see the symbolism of Gulliver's Travels or Animal Farm, and I understand the other arguments to which I alluded.

    I also understand that EE Cummings was not describing his zest for automobiles.

    The problem is that someone may fail to realize until late into "the story" what parallels are being drawn. This is not always due to the observer's density, but can also be attributed to the author's technique.

    It is quite difficult to guarantee that you will *not* see something on the internet.

  152. Re:It is inherent that the Internet will taint tri by billybob+jr · · Score: 1

    neat address. i never knew you could write an ip address straight up as a decimal number.
    normal ip: 198.186.203.20

    198*256^3 + 186*256^2 + 203*256^1 + 203*256^0 =

    3334130452

  153. Re:It is inherent that the Internet will taint tri by Airneil · · Score: 1

    You said:

    There is no morality without God

    To which, I rely:

    Show me where in this definition of "moral" from Merriam Webster says ANYTHING about church, god, or any other deity.

    Main Entry: 1moral
    Pronunciation: 'mor-&l, 'mär-
    Function: adjective
    Etymology: Middle English, from Middle French, from Latin moralis, from mor-, mos custom
    Date: 14th century
    1 a : of or relating to principles of right and wrong in behavior : ETHICAL b : expressing or teaching a conception of right behavior c : conforming to a standard of right behavior d : sanctioned by or operative on one's conscience or ethical judgment e : capable of right and wrong action
    2 : probable though not proved : VIRTUAL
    3 : having the effects of such on the mind, confidence, or will
    - morally /-&-lE/ adverb

    Lest you think I didn't look, here's "morality":

    Main Entry: morality
    Pronunciation: m&-'ra-l&-tE, mo-
    Function: noun
    Inflected Form(s): plural -ties
    Date: 14th century
    1 a : a moral discourse, statement, or lesson b : a literary or other imaginative work teaching a moral lesson
    2 a : a doctrine or system of moral conduct b plural : particular moral principles or rules of conduct
    3 : conformity to ideals of right human conduct
    4 : moral conduct : VIRTUE

  154. Re:It is inherent that the Internet will taint tri by ushirageri · · Score: 1

    What about if he's a sheep farmer?? What then smarty??

  155. Re:It is inherent that the Internet will taint tri by Scrybe · · Score: 1
    I have never read the bible, nor do i believe a word of it. While I do not agree entirely with the argument you are rebuting please consider at least looking at a Bible or a scholarly work on a biblical subject and reform your opinion. MANY of the events in the bible are established historical fact. The old testiment is one of the most complete histories of a people (Jews) available in modern times. Many events in the Bible have been varified by indepentant (and sometimes agnostic or athiest) historians.

    Also remember that even if you don't believe in Satan, HE believes in YOU! (sorry to preach, I just love that phrase)

    Regarding the morality of Country folk and christians: Remember that both of these communities (in their traditional sense) are close knit and everyone knows everyone else. This makes the raising of children in a moral fashion quite a bit easier since the kids are never able to get away with anything. Anyone who sees them doing what the community sees as wrong can say "I know who your mother is!" This is simply a system of accountability in which you cannot escape the consequences of your actions.

    This I believe is what the poster is refering to as immorality. People who do not feel they are responsible for their own actions consistantly disregaurd the rights of thos around them in order to fulfill their own aims. The poster sees the internet as annother environment that encourages this.

    Whew, quite a mouthfull

    --

    <This .sig left intentionally blank>

  156. Not that i'd know or anything... by Anonymous Coward · · Score: 4

    It's a good job it wasn't Larry Flint on trial. Try finding a jury who hadn't seen a porn website...

  157. Honor System by Zarf · · Score: 4

    Last time I was on Jury duty, we were on the honor system to not discuss or research our case in the intrest of a fair trial. From the article I gather this is virtually the only concern aborting this retrial. When screened for jury duty last time I was asked a series of questions to determine my bias. I was also asked on the honor system to not do any research, visit crime scenes, or discuss the case...

    I assume that the Aussies also have a similar convention. So, my confusion is over why it is okay for me to say... "no, I've never heard of this case nor will I go look it up in the library." Yet my disavowing any readership of CrimeNet is not just as valid a claim. Is my verbal agreement to not read any websites dealing with the case somehow inherently less believable than my word to not research the case at the library?

    Shouldn't I still be honor bound and even under some sort of threat of perjury to not research the case? If something is published on the internet, does this make it inherently more dangerous than something published in a periodical?

    I am very suspect of this Judge's reasoning. Jurors are supposed to operate under instruction from the judge anyway. If a juror does violate thier agreement to not research, ect... then the juror should be penalized. This course of action seems to punish the defendant.

    As for the bit about CrimeNet ruining lives... That's another article isn't it? You can seek legal action against a site defaming you right? CrimeNet might be getting a law suit or two eh?

    - // Zarf //

    --
    [signature]
  158. Are they dumb, or just technologically impared by ~Socrates · · Score: 2

    I'll start this post with a quote from the article:

    "CrimeNet offers details on 4000 convicted criminals gleaned from newspapers and court records"

    It says it all right here, the info on CrimeNet isn't to blame. It's not like they are the only ones to have had the information publisized. The problem is that this is just bad judgement from the Judge and his/her consorts.

    Problem is that most people are not going to see it "the right way" and are going to scream hell on earth and down with the internet. It's just too easy to blame internet (and computers in general) for the things that go wrong.

    What could have been done different?

    Before trial the judge tells the jurors what to do and what not to do. I think a judge says something like "thou shalt not investigate in prior offenses of this person" at the jury selection. Why should a website be anything different?

    Reading the article I couldn't help but feeling like the judge thought the same thing, therefore he refused to abort the trial at first. Problem is that other people got wind of the case and started meddling, after which the judge suddenly did abort the trial.

    <disclaimer&gt
    Ahwell, as you can guess, this is just IMHO so don't blame me if I'm wrong... :)
    &lt/disclaimer&gt

    Socrates

  159. Quite a reasonable decision by Nicolas+MONNET · · Score: 2

    When you look at the details of the trial issues, at the end of the article, it makes a lot of sense.

    Beyond that, the article raises a lot of intersting AND frightening point. What if an offender has the same name as *you*? Shit, I know there was another guy with the same name AND same age as I in my university, although I never met him -- I discovered that when I applied for a library card: "oh you are already registered". Not me!

    Even more crazy, when I was 10 or something, I was living in an appartment, and in the same building there was two married women of the same age and same names!

    So this is quite a common situation. Now what happens if one those people is convicted? The legal system sometimes fucks up. But ... if it's a sex-related offense (rape?), it's not even a problem with the legal system, but also with well-thinking vigilante ...

  160. Impartial justice is a modern phenomena by DrSkwid · · Score: 2

    IANAL and my experience is UK based.

    It is only really since people became estranged from each other that this sort of thing became important.

    As justice evolved the accused and accusers would often be known to each other. This, like everything, was both good and bad and the legacy of that system still lives with us.

    A defence and prosecution try to establish either the good character or evil nature of an accused person in order to colour the jury's or judge's opinion of the accused. Indeed these days "a man of good character" is one who has no previous criminal convictions.

    In times gone by your actual reputation would follow you in to the courtroom. Revenge might be taken for your previous behaviour in the community or you might be let off for being an otherwise good person who just let off steam or behave out of character due to external pressure.

    Nowadays because people are estranged from each other, the mitigating circumstances are written in to our statute. The law decides in advance why you might be let off for something and it is up to you to prove it, if that is your course of action.

    This case seems to highlight a flaw in human nature. Negativity seems to linger longer than positivity (is that a word?). It's hard to imagine a way of balancing. How does someone with a previous killing under their belt gain any sort of positive reputation? Nothing in the world seems as positive as murder is negative so such revelations obviously bias opinion. There is no GoodDeedNet where a list of people who have made positive contributions can be searched.

    To attempt to be fair society must err on the side of caution. That is why trials can be dismissed in this way. Information might want to be free but some information manages to get publicity for itself too.
    .oO0Oo.

    --
    There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter