Was James Arthur Ray Really Guilty of Negligent Homicide? His Lawyers Want a New Trial

I wrote before that I don't believe juries make mistakes.  Juries are very good, much better than judges, at figuring out what happened in a particular case.  In the vernacular of the judicial system, I would say juries are very good "triers of fact." American law is based on English common law, which has for hundreds of years divided the "trier of law" and the "trier of facts."  Judges figure out the law, while the jury figures out the facts. I think that distinction is a very good one, and most of the sentiment for eliminating jury trials is nothing more than anti-democratic elitism. 

Having said that though, the guilty verdict in the James Arthur Ray trial bothers me. Even though I have written quite a bit about the double standard of our legal system- what I call Prison Democracy- it seems that the exact reverse happened here.  I hope that it is not the case that Mr. Ray was only charged and convicted because he is famous, but with the weak evidence against him, I can't help but think that.  While I don't think famous or established persons should escape due punishment, I also don't think they should suffer from unwarranted accusations either. 

So did the jury make a mistake?  I never read the transcripts of the trial or saw any of it; so without more information I would say no.  But the verdict- criminally negligent homicide- could still be bad as a result of odd or incomplete facts.  The defense attorneys' for Mr. Ray claim that the verdict is a result of prosecutorial misconduct. (Arizona self-help guru deserves new trial in sweat lodge case): 

A self-help guru who was convicted in the deaths of three participants in an Arizona sweat lodge ceremony deserves a new trial...Ray's attorneys went before a Superior Court judge in Yavapai County, Arizona, claiming he should be tried again because of prosecutorial misconduct...[t]he defense claims the prosecution did not disclose evidence on time.

The defense's position since the deaths is that the adults who participated in this event knew full well the consequences and dangers they were facing, and that Mr. Ray never misled them.  In fact, it is in part because of those dangers that they wanted to be part of the sweat lodge.  Thus, this case seems to me the classic example of something that should be handled in our civil personal injury system, and not the criminal system. 

Comments (2)

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Rob - August 23, 2011 9:43 AM

I'm not sure how you know that the participants knew "full well" that they were being led to their deaths. Sweat lodges are not known to be dangerous when correctly implemented. I can understand this logic if they got into a car where a drunk was driving - they are then probably aware of the dangers and consequences. But very few people would voluntarily risk the possibility of death just to have a personal growth breakthrough. Unless... they were somehow influenced. Which seems to me to be the issue here, and the reason for the verdict.

Deborah Roberts - August 25, 2011 2:55 PM

clear ly you didn't see the trial or read transcripts and clearly you are unaware of the impact of a some people's need for the approval of a perceived guru's and you are unaware of the impact of a perceived guru's influence over said persons.............
Stick to writing about things you know more about.............

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