Silkette

While watching Silk, the legal drama, it has occurred to me that our adversarial court system is odd.

It appears to me that the defendant is always on trial, whereas in fact it should be the evidence of the prosecution that is on trial.

Furthermore, the jury members are forced into making a binary decision on an individual level and then collectively they must argy-bargy until all, or a sufficient weight of them agree on a binary decision.

If the evidence of the prosecution is on trial, then maybe it’s best if the judge and the jury members each give a score from 0-10 on the weight of the evidence. If the average jury member’s score and the judge’s score are both over 50% (or any number between 50% and 100% as chosen) then a guilty charge is upheld, and the severity of the penalty is then impacted by the average of all scores.