this post was submitted on 26 Dec 2024
161 points (98.2% liked)
Hacker News
309 readers
556 users here now
RSS Feed of HackerNews
founded 3 months ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
At least in your typical European country, there wouldn't be even a jury to begin with, since most European countries follow Roman aka Civil law. It is a better system than the tribal Saxon aka common law followed by USA, but in cases like this (someone did something that violates the law, but is morally right) it gets really messy.
Most continental European countries have law systems that are based on or are at least heavily influenced by the Napoleonic code. And the Napoleonic code has trial by jury for serious crimes (like murder).
Fair point.
Even then, trial by jury is only rarely invoked, extremely restricted, often mixed (professional judges and common citizens) and there are often restrictions when it applies; and I genuinely don't think that a jury would be used in this case, in most of those countries.
So it's more like a technicality in this specific case.
Also note that at least Portugal wouldn't even allow a jury in this case, as Mangione is answering for terrorism (bullshit, I know, but...). Other countries likely have similar restrictions.
I doubt that he would be prosecuted for terrorism in any other western democracies, it seems to be part of the USA prosecution habit of stacking up as many charges as possible, combined with the very broad anti terrorism laws after 2001.
If prosecuted as a murder, a jury trial would happen in a bunch of countries: https://www.nolo.com/legal-encyclopedia/do-countries-the-jury-trial-system.html Imo you assume wrong in this case.