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Begoña Gómez trial by jury in Spain raises doubts
The decision to try Begoña Gómez before a jury revives doubts about judicial independence in Spain: alleged coercion, a pre-written verdict and the pardon route.
The announcement that Begoña Gómez's trial will be held before a jury has peine the debate over the credibility of this system in politically charged cases. The decision, which in theory should bring justice closer to citizens, is met with widespread scepticism: many see the verdict as already written before the jury is even sworn in.
The spectre of jury intimidation
The main antiestéticar is that lay jurors cannot withstand pressure. Critics point out that the state apparatus, with the resources to investigate every member, could intimidate or influence the verdict. They recall that if prosecutors and judges have been subjected to coercion, ordinary citizens - plumbers, office workers, retirees - will be even more vulnerable. Experience with proceedings against the State reinforces the idea that the verdict is decided in advance, and the only option left is to negotiate a deal.
Jury trial vs. professional judges: who is easier to manipulate?
Against this view stands distrust of the judiciary. If the jury is supposedly manipulable, a system of hand-picked judges or judges recused until the desired profile is found offers little more in the way of guarantees. In both cases, the outcome seems to depend more on political colour than on the evidence. Some analyses note that, statistically, jury trials yield a higher conviction rate, which could be a double-edged sword.
The last resort: pardon or illness
Even the full script is being floated: if the jury found Begoña Gómez guilty, the pardon route would remain open - even before a final verdict - or a health problem could be invoked to avoid prison. The outcome seems preordained: the first instance hardly matters, because the real ending is cooked up in the Supreme Court and the Constitutional Court, where the Government holds influence.
Under these conditions, trust in the judicial system has hit rock bottom. The jury, conceived as a democratic counterweight, is seen as just another player in a rigged game.
Summary of a discussion on Burbuja.info - Foro de economía, actualidad y política., translated from Spanish and reviewed before publication.
Read the full discussion (17 replies).
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