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Culture War Roundup for the week of August 3, 2026

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One of the Anglo things that is commonly criticized in continental Europe is the judicial system. The complaint is usually formulated as "I wouldn't want to delegate the question of guilt to twelve randos that have no understanding of the law". My usual rebuke used to be "if the prosecutor can't explain to random person what the defendant did wrong, what good is this law he's allegedly broken?"

But recently I understood that the benefit of the jury system goes deeper. Most people (citation needed) want to be law-abiding, upstanding citizens. Let's say the laws are so complex that only a judge with a law degree can determine whether someone has broken the law or not. How then can anyone else be sure they are a law-abiding citizen? We want that IQ 85 guy in an ill-fitting rented suit to know deep inside if he's guilty or not. If the law is an overwrought monstrosity that overwhelms the jury, their reasonable doubt about the circumstances of the case is the intended outcome. Laws that govern everyone must be clear to everyone.

Jury system is not that bad in itself, a priori, for exactly the reasons you specify. I am more perplexed by the aftergrowths, such as exclusionary rule, and all ideas in the same concept-space neighborhood, that information presented to the jury should be managed on basis of whether some procedural rules were violated or not. I think it was a gigantic mistake by the US legal minds that unfortunately has spread to other Western countries, too, and can result in great injustices.

Any information that is likely to provide information pertaining on facts should be permitted as evidence. What if the cops or prosecution violated some rules to obtain the evidence they present, or did not utter a magical incantation while arresting a defendant? They should suffer the legal consequences for violations, but as long as the information obtained is good and has provenance that it is good, it should be allowed in. A judicial system loses its soul and becomes a mere court system when it loses a sight that it should identify people who are guilty or innocent of crimes, not to manage its own rules.

The exclusionary rule is good because it is better to prevent abuse than to punish it. More so the more power we give to potential abusers. Cops are given a lot of power, so they should have to make extra sure that they use it correctly.

… to protect the people from unreasonable searches and seizures, such as were permitted under the general warrants issued under authority of the government, by which there had been invasions of the home and privacy of the citizens, and the seizure of their private papers in support of charges, real or imaginary, make against them.

In other words, we really mean it! Don’t take our stuff without asking!