RAISING THE BAR OF OBSTACLES FOR BRIBERY
RAISING THE BAR
OF OBSTACLES FOR BRIBERY
Despite the strong disagreements amongst us as to whether Jury System will work in the PHL, there is one common ground: WE ARE ALL PATRIOTS.
Nevertheless, as I re-examined the opinions, I found another thing that may be a common ground: EVERYBODY IS APPREHENSIVE OR CONVINCED THE CULTURE OF THE FILIPINOS HOLDS THEM BACK FROM BACKING UP JURY MECHANISM PROPOSAL.
I hope everybody agrees with my opinion that of all the cultures that we raised, IT IS THE CULTURE OF CORRUPTION THAT MATTERS MOST.
So that, I believe everybody agrees with me that THERE IS A NEED TO CHANGE THE SYSTEM THAT IS AIR-TIGHT IF NOT THE STRONGEST DESPITE THE POSSIBILITY OF LEAKS FROM THE CULTURE OF CORRUPTION.
While I have an opinion that I solidly believe in, I cannot insist this on others who hold otherwise. AFTER ALL, THE JURY SYSTEM HAS NOT YET BEEN TESTED IN THE PHILIPPINES AND NOBODY OF US CAN SAY THAT HIS BELIEF IS CORRECT OR NOT.
So that it is like a choice between two types of government: Single-State Republican and Federal States. Some say the present single-state republican system in the PHL is good while others believe it is the federation that is better for it addresses the need of Muslim brothers to be a separate state.
BUT THIS I SAY WITH THE HOPE I CAN CONVINCE SOME: The only most effective justice system to fight corruption is the JURY SYSTEM in trial and in determination of who are going to be charged in court.
In single judge or single prosecutor system, it takes only one to corrupt to get a favorable decision.
In jury system, it takes to corrupt at least 14, a majority of the 23 grand jurors, to stop a case from getting filed in court; it takes to corrupt at least 7, a majority of 12 trial jurors, to get a favorable judgment if we will employ a majority-rule trial jury.
Now, the ability to corrupt depends on the financial capacity of the briber. So that the idea that best argues for the establishment of the jury system is RAISING THE BAR OR OBSTACLE for bribery. The more bars the harder it takes for the briber, whose ability is dictated by the rule that the lesser money he has the lesser capability he can to cause an effective bribery.
Now, it is a fact of life that only 10% of the population are classified as rich, some are middle-class people who are generally the most upright citizens in any country, and the rest who are the majority are the poor who do not have the capacity to bribe even one person.
In the 10% population that are rich, it is reasonable to believe that only 2% are acceptable to bribery as the legal strategy. About 4% are prone to accept bribery. The remaining 4% are not acceptable to any form of bribery. THIS MEANS THE ENEMIES OF JUSTICE ARE LESSENED IN NUMBER.
In the middle-class category, it is reasonable that about 5% will be willing to resort to briber, but it is difficult for them to source funds to implement this. The rest of the middle-class reasonably pegged at 25% are not prone to indulge in this scheme for they will always have the impression they cannot afford to buy 14 grand jurors or 7 trial jurors.
Now, the 60% population who are poor definitely has nothing for buying jurors. FROM THIS SECTOR comes the vote sellers during elections BUT IT IS UNIMAGINABLE THEY CAN BUY ANY JUROR.
LET US NOW LOOK at the crime statistics. MOST CRIMES ARE COMMITTED BY THE 60% POOR. Much lesser number of crimes are committed by the 10% rich, in the same manner as the middle-class. IF that is so, it is reasonable to presume that only about a maximum of 7% will try their best to make buys of jurors.
NOW, if we put a stopgap to the jury system that if the accuser or the accused is a rich person and the crime involved is grave or heinous or less grave, it shall be automatic that the jurors shall be kept in a secret place until the trial is over. And if circumstance demands, automatic freeze order of the personal bank accounts of the rich shall be issued and will be lifted only after the case is adjudged by the jurors.
With regard to other cultures, such as padrinos or strong-family ties, these can be addressed if it shall be mandated that the jurors selection shall be region-wide and their birth records up the tenth degree of affinity and consanguinity shall be automatically provided by the computerized system of the National Statistics Office and it shall be automatic as a disqualification if the computerized search results show so.
With respect to emotion, it is universal that even Americans and Britons have it.
HENCE, IT IS ONLY A MATTER OF IMPROVING THE JURY SYSTEM WITH IDEAS OF OUR COMPATRIOTS AND NOT SHOOTING IT DOWN OUTRIGHT--FROM THE HIPS OR OTHERWISE.
Berteni "Toto" Cataluña Causing