This is an archived article that was published on sltrib.com in 2012, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
In "If not juries, what?" (Forum, May 11), prosecutor Ken Gourdin argues that juries should be the best check on corrupt police, prosecutors and judges. A good point, but a tad naïve on how the system works.
See, juries can only decide on issues that they are allowed to hear. Abuses by police and prosecutors occur every day. Initially, the conduct is covered up. If discovered, the issues are subject to pretrial procedures, where evidence about the abuses is almost always kept from the jury by pro-law enforcement judges.
No better example can be cited than the case of environmental activist Tim DeChristopher, where the jury was not even allowed to hear what the case was really about, or that the awarding of drilling leases that DeChristopher allegedly "dispupted" was far more illegal, dangerous and damaging than anything he did.
In short, the legal system is rigged in favor of those in power (government, big business) and those who serve power (police and prosecutors). The American jury system is a marvelous thing in theory. The trick is to demand reforms so it can work as intended.
Jeff Flanders
Moab