Knowledge does not equal bias.
The problem is that actual knowledge is a myth. Knowledge is nothing but a form of bias, and a very dangerous form of bias because it is almost impossible for a person to overcome. Even the most die-hard KKK member can probably be convinced that a specific, individual black person is not all bad in certain circumstances. But it is a very rare human who is capable of acknowledging that a fact that he was certain he
knew was incorrect.
The history of the jury system as it struggled to deal with the bias of knowledge is interesting. In the beginning, people would bring their disputes to a judge, who would decide the case. But the he-said/she-said of that system made the truth impossible to determine, so a jury of people
who had first-hand knowledge of what had happened would be brought in to give their verdict.
The problem with that is that, knowledge being nothing but what a person has been convinced of based on his perceptions, it is universal that different perceptions of the same event lead to different knowledge of the truth of it. So the parties to a dispute would be allowed to present witness testimony to help the jurors flesh out their knowledge and ensure that their decisions did not reflect only their own perceptions.
The problem with that is that the parties and judge would have no way to know what knowledge the jurors were bringing to court, which makes it impossible for an appellate court fairly to review the jury's decision. Appellate courts need to know what information the verdict was based on, so they can decide if the verdict was based on an inaccurate statement of the law, on unreliable evidence that should never have been received in court, or on insufficient evidence to factually support the verdict. Jurors with prior knowledge of the facts make that review impossible since there is no way to know if the verdict was based on something presented in court or something perceived out of court.
Thus, the jury system evolved from selecting jurors who had personal knowledge of the facts of the case to excluding them and selecting a jury of people who have
no preconceived idea of what happened. And that is the system that we inherited from jolly old England.
Just as many on here see through the BS and inaccuracies in the news media and movies when it comes to how aviation is reported on and portrayed, an aviation savvy juror can see through the BS a lawyer or their paid “expert” might spew.
In my experience, it is much more common for a judge to be misled by a flashy expert witness than for a jury of people without preconceived notions of the case to be misled by a flashy lawyer. At least with a jury, you have a group of people who are going to debate their decision before issuing it, and unless you are really unlucky there will be at least one minority viewpoint rather than simply an echo chamber. With a judge making the decision, there is no debate and it is all too common for the judge to make up his mind about what happened and then the case is over, since we are stuck with the incurable bias of "knowledge."
You know your friend. The lawyer didn’t. Look at all the bias we see on POA about aviation issues from pilots. Including from me.
Or just read the threads on POA about plane crashes, where we as a group scoff at the "aviation experts" that the news media is always quoting. No lawyer wants to take the risk of having that kind of wildcard on the jury. A little bit of knowledge is a scary, dangerous thing. And that is what is on full display in this thread. Here we have a bunch of people saying things that are nearly all true or almost true, but arguing vociferously against each other because they are talking about things on which their knowledge is incomplete or inapplicable.