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Justice/Ethical implications resulting from clairvoyance?
May 21st, 2010
Question:
Do you think a police officer that can read minds is violating a suspects Miranda rights? Do you think a defendant can get a fair trial if there is a psychic in the jury?
Well just like any other powerful tool it’s what people do with it that can make it good or evil.
Besides, I don’t think a psychic cops intuition would be admissable in court and I think a psychic jury would be the ultimate fair trial. It would remove all of the smoke and mirrors lawyers are trained to put up.
Surprising really that they don’t get a jury of 12 proven psychics to assess the prisoners guilt
Your Miranda rights are governing things that YOU do. You have the right to an attorney, you have the right to remain silent, and anything that you say can/will be used against you in court. If a police officer, detective, etc., were to have the ability to read minds, it would be considered an investigative move on the part of the officer, not an incriminating move on the part of the suspect. The suspect would not say anything, but the officer would investigate the suspect’s mind to find evidence of the crime. This does not violate the Miranda (as it is currently defined). Even if you were to say that the suspect was incriminating him/her self by committing the crime and having memory of it, the same holds true for DNA, fingerprints, and other things that are evidence created when the suspect commits the crime.
Now, as far as the defendant getting a fair trial if there was a psychic in the jury, you have to examine the trial system and the definition of “fair”. The trial system that the founding fathers (or their ancestors) came to America to avoid, was one that allowed an individual to be convicted of a crime on mere accusation and suspicion. They designed our trial system to hopefully prevent an innocent person from being convicted of a crime they did not commit. That was “Justice”. In today’s society, the concept of “fair trial” has morphed into one which attempts to insure the right of a criminal to escape punishment for a crime that they actually did commit. While there is justice in preventing an innocent person from being punished for a crime which they did not commit, there is not justice in letting a person who actually did commit a crime go free. Since the defendant has the “right” to lie their butts off, in order to escape conviction, having a psychic who can know the truth on the jury would be a way to see that justice is actually done. In fact, it may be the only way to guarantee that the trial is actually “fair”.
A gift like that could be used for either good or bad purposes, just as using other abilities could.
I don’t think it violates Miranda rights. It is the normal use of a sense by the person using it.
If there is a psychic on the jury, that psychic may or may not get better information on that particular case. But if the psychic proclaims he/she knows the truth because of being a psychic and thereby influences other jurors, it may be unjustified influence.
Wow, that’s a great question! If they know you’re doing something wrong, they feel it’s their obligation to get you busted. Having a gift like that makes a person feel like it’s their duty to do the right thing and help society. I would do the same thing if I knew the truth!