Blog Postings
We must return to civilized discussion to solve the country's problems
09.12.09
Events of the past week once again demonstrate the need for all sides to return to civil conversation. As Abraham Lincoln once observed, passion has its place but ultimately reason and common sense must rule the day for effective public policy to be discussed, formulated and implemented.
"...Passion has helped us but can do so no more. It will in the future be our enemy. Reason, cold, calculating, unimpassioned reason, must furnish all the materials for our future support and defense. Let those [materials] be molded into general intelligence, [sound] morality and, in particular, a reverence for the Constitution and laws..." Lincoln, "Lyceum Speech at Springfield, Illinois," January 27, 1838, as reprinted in The Essential Lincoln: Speeches and Correspondence[NY Hill and Wang 2009 as edited by Orville Vernon Burton, page 15].
I have spent twenty-five years of my life as a prosecutor, trying cases in front of numerous juries. Juries in Missouri criminal cases are told, in part, to reach their verdicts by determining the facts based on application of their reason and common sense to the evidence presented in the case. One instruction tells them that "[a] reasonable doubt is a doubt based upon reason and common sense after careful and impartial consideration of all the evidence in the case. Proof beyond a reasonable doubt is proof that leaves you firmly convinced of the defendant's guilt." MAI-CR3d 302.04.
Another instruction advises them that "[i]n reaching a verdict, each of you must decide the case for yourself, but you should do so only after you have considered all the evidence, discussed it fully with the other jurors, and listened to the views of your fellow jurors." MAI-CR3d 302.05.
A key admonition in the instructions is "[y]ou should perform your duties without prejudice or fear, and solely from a fair and impartial consideration of the whole case." MAI-CR3d 302.01.
Demonizing those who oppose us, name-calling, shouting, distorting information and creating false issues/information need to be replaced with good will, listening, a good faith search for the true facts and constructive dialogue. We must return to the type of civilized discussion we require of our juries as they resolve contested criminal and civil matters if we are to constructively solve the great issues the country faces today.
"...Passion has helped us but can do so no more. It will in the future be our enemy. Reason, cold, calculating, unimpassioned reason, must furnish all the materials for our future support and defense. Let those [materials] be molded into general intelligence, [sound] morality and, in particular, a reverence for the Constitution and laws..." Lincoln, "Lyceum Speech at Springfield, Illinois," January 27, 1838, as reprinted in The Essential Lincoln: Speeches and Correspondence[NY Hill and Wang 2009 as edited by Orville Vernon Burton, page 15].
I have spent twenty-five years of my life as a prosecutor, trying cases in front of numerous juries. Juries in Missouri criminal cases are told, in part, to reach their verdicts by determining the facts based on application of their reason and common sense to the evidence presented in the case. One instruction tells them that "[a] reasonable doubt is a doubt based upon reason and common sense after careful and impartial consideration of all the evidence in the case. Proof beyond a reasonable doubt is proof that leaves you firmly convinced of the defendant's guilt." MAI-CR3d 302.04.
Another instruction advises them that "[i]n reaching a verdict, each of you must decide the case for yourself, but you should do so only after you have considered all the evidence, discussed it fully with the other jurors, and listened to the views of your fellow jurors." MAI-CR3d 302.05.
A key admonition in the instructions is "[y]ou should perform your duties without prejudice or fear, and solely from a fair and impartial consideration of the whole case." MAI-CR3d 302.01.
Demonizing those who oppose us, name-calling, shouting, distorting information and creating false issues/information need to be replaced with good will, listening, a good faith search for the true facts and constructive dialogue. We must return to the type of civilized discussion we require of our juries as they resolve contested criminal and civil matters if we are to constructively solve the great issues the country faces today.
