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Positivist
10th March 2013, 15:41
I have recently read over a variety of posts which designated the current criminal justice system as bourgiose and it has lead me to inquire as to what makes trial by jury inherently bourgiose and how would the trial process be organized in a worker's state? Any ideas?
Brutus
10th March 2013, 16:26
Evidence is presented, accused argues case if not pleading guilty, a selection of x workers from the area decide in the sentence?
Positivist
11th March 2013, 01:13
Evidence is presented, accused argues case if not pleading guilty, a selection of x workers from the area decide in the sentence?

Yea that's what I assumed but that nearly mirrors what happens today.
Comrade Samuel
11th March 2013, 01:23
Yea that's what I assumed but that nearly mirrors what happens today.

Well the Bourgeoise can no longer be on or pay juries for one.
LOLseph Stalin
11th March 2013, 02:09
One major difference is that one wouldn't have to pay a fortune to hire a good lawyer. In today's society it seems the best lawyers are reserved for those who can afford to pay for them.
The Garbage Disposal Unit
11th March 2013, 03:00
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The Garbage Disposal Unit
11th March 2013, 03:04
Ok, joke above aside, probably a communist "justice system" isn't a thing that would exist as such, since communism implies the abolition of "crime" as a relation between criminals and the state. Likely, communist justice would be based on models of restorative or transformative justice. Experiences with these models by feminist organizers in "anti-violence" (ie anti-domestic violence) movements were published in a fascinating collection of essays called "The Revolution Begins at Home". It's interesting, if not perfect.
Die Neue Zeit
13th March 2013, 06:27
Positivist, trial by randomly selected jurists isn't bourgeois at all. It's the continued presidency of the judge that's bourgeois. The jurists themselves aren't sovereign over the court proceedings.
Rowan Duffy
14th March 2013, 11:07
This post by modulus has some thoughts on what a non-bourgeois justice system would entail:

http://spiritofcontradiction.eu/modulus/2013/03/06/beyond-law-towards-an-alternative-to-legal-regulation-under-socialism