K_girl
Contributor
Regarding the fairness of trial in BVI.
Source (Lexis/Nexis): http://www.scubaboard.com/forums/4934632-post541.html
Certainly, you would have to say that the process of jury management in BVI is not handled as fairly as it is in the U.S. They've made it much easier to convict as compared to the U.S. Swain's defense will be challenging the process of jury management in this case, which I think they should. They may be unsuccessful at the Carribean Supreme court level, but they say they can appeal to the British Supreme Court. I wonder if the jury management practices in Great Britain are different than the Carribean courts, if they are, they might have a chance here. Trying to compare jury management with U.S. procedure might be perceived as politically inappropriate and could be suicide for this case as you would be trying to invalidate a country's judicial system. Any British lawyers out there to comment on this?
Personally, I would like to see the U.S. step-in for Swain to demand a re-trial in the U.S. under our procedures using the argument that since the victim and the accused were both U.S. Citizens, justice should be administered under the terms of our justice systems so Swain can be afforded his rights as a U.S. Citizen. Rhode Island does not have the death penalty. But, if he were charged on a federal level, they do have the death penalty. The Feds can often find ways to take-over a case, so that might be a scary move for Swain's attorneys.
Source (Lexis/Nexis): http://www.scubaboard.com/forums/4934632-post541.html
Certainly, you would have to say that the process of jury management in BVI is not handled as fairly as it is in the U.S. They've made it much easier to convict as compared to the U.S. Swain's defense will be challenging the process of jury management in this case, which I think they should. They may be unsuccessful at the Carribean Supreme court level, but they say they can appeal to the British Supreme Court. I wonder if the jury management practices in Great Britain are different than the Carribean courts, if they are, they might have a chance here. Trying to compare jury management with U.S. procedure might be perceived as politically inappropriate and could be suicide for this case as you would be trying to invalidate a country's judicial system. Any British lawyers out there to comment on this?
Personally, I would like to see the U.S. step-in for Swain to demand a re-trial in the U.S. under our procedures using the argument that since the victim and the accused were both U.S. Citizens, justice should be administered under the terms of our justice systems so Swain can be afforded his rights as a U.S. Citizen. Rhode Island does not have the death penalty. But, if he were charged on a federal level, they do have the death penalty. The Feds can often find ways to take-over a case, so that might be a scary move for Swain's attorneys.