“Tort reform” - a/k/a another attack on democracy

Cyrus Dugger

“Tort reform” - a/k/a another attack on democracy

Here's a great diary on tort "reform" from Daily Kos by Wandering mind.

I have been bothered for some time over the entire discussion of "tort reform." Republicans have been able to frame this issue strictly in terms of the behavior of the lawyers who represent plaintiffs. They are easy targets, so I can understand why Republicans focus on them.

What I don't understand is why Democrats and the Trial Lawyers themselves have failed so miserably in responding.

To me, the issue is simple - it is another example of how Republicans do not trust the ordinary person to be fair. In other words, it is an example of how Republicans do not really believe in democracy.

* Wandering mind's diary :: ::
*

Let's look at how a tort trial typically works. The injured party has a lawyer (you know, the "bad guy"). The doctor/corporation/defendant has a lawyer (or lawyers). There is a judge. And then there are twelve (sometimes six) ordinary citizens. - the jury.

The injured party's lawyer has a chance to tell his client's story. The lawyer(s) for the doctor/corporation/defendant has a chance to tell his(their) client's side of the story.

The judge tells the jury what the rules they have to apply to the case are.

Then the jury makes a decision.

It is this last group of people the Republicans are really complaining about. They are the ones deciding whether to award money to the person who claims s/he was injured.

But to hear the Republicans tell the story, you would think that there is only one lawyer in the courtroom (the injured person's lawyer), the judge is asleep, and the injured persons's lawyer is sitting with the jurors as they deliberate, telling them what to do. (link)

Cyrus Dugger: Author Bio | Other Posts
Posted at 3:28 PM, Nov 27, 2006 in
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Cyrus: There are 3 lawyers in the court. All have undergone lawyer criminal cult indoctrination. Their sole loyalty is to criminal cult enterprise rent seeking. None will ever scare, intimidate, nor do anything to deter the others. They need each others' friendships far more than they need the client of the day. After trial, they meet for drinks, laugh at how stupid the public is.

You are unable to understand that for some reason. This justifies precluding all lawyers from any bench. As the felon is precluded from the bench, so must the lawyer be, by statute.

This farce is always biased in favor of the lawyer, and fully justifies self-help by the public. Every penny comes from the public. Even corporations do not really care, since they pass on all cost in prices or reduced access. They are neither upset nor deterred. It is not their money. They don't care.

The goals of torts are in utter failure. It is a bunko, land piracy operation.

That's even more illogical than most posts here. First, rule-by-12 people is not "democracy"; rule-by-the-people is. How on earth is it an assault on democracy for the democratically elected representatives of the people to pass rules regarding what just 12 unelected people can do?

Second, as you say, under the current system, "The judge tells the jury what the rules they have to apply to the case are." And tort reform simply involves the legislature telling the judge what those "rules" are.

Do you think that the rules against hearsay are an "assault on democracy"? How about a rule that keeps the sexual history of rape victims out of a rape case? Isn't that an "assault on democracy" by your logic, since it shows that you "don't trust the ordinary person to be fair"?

Wow, break out the tin-foil hats.

Seth: If you are not a lawyer, have a nice day.

If you are a lawyer, yours is the profession that believes minds can be read, and the future forecast. Your profession is psychotic.