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What is a fair Jury?

 
 
Reply Fri 12 Nov, 2021 10:56 pm
People on the left are complaining that the Arbury trial jury has only 1 African American (when mathematically speaking assuming an representative sample there should be 3). So my question is how do we get a fair jury.

First the easy parts (I am completely sure about these two things)....

1) The process for forming a jury pool should lead to equal representation (a White person should be as likely as an African American).

2) There should be equal rules for the lawyers to follow when selecting a Jury (you can't change the rules based on the defendant).

But now the more difficult questions.

3) Should there be a racial quota on Juries? How would this work? It doesn't seem like this is fair to defendants or could possibly be allowed under the 14th amendment.

4) Should there be pre-emptory challenges (i.e. the lawyers rejecting a jury member who won't favor their client)? Note: getting rid of this can hurt a defendant of any race.

5) Sending out summons for a jury pool can be fair, but what if minorities are less likely to actually show up? How do you fix this problem, do you balance the jury pool racially?

Jury selection is part of the judicial system and can determine a defendants future. It must be based on rules and the rules must be followed without exception. So other than that... how do you design a system to ensure a fair jury?
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Type: Question • Score: 0 • Views: 426 • Replies: 4
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oralloy
 
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Reply Sat 13 Nov, 2021 12:10 am
Let's bring back the Magna Carta and juries of one's peers.

If a black person is being tried, give them the right to an all-black jury.

If a white person is being tried, give them the right to an all-white jury.

If a man is being tried, give him the right to an all-male jury.

If a woman is being tried, give her the right to an all-female jury.

If a doctor is being tried, give them the right to an all-doctor jury.

If a stockbroker is being tried, give them the right to an all-stockbroker jury.

Etc.
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Brandon9000
 
  -2  
Reply Sat 13 Nov, 2021 12:38 am
Within our own system, a fair jury would be one chosen with the following factors in mind:

1. Do the jurors understand the rules of trials?
2. Do the jurors harbor prejudices for or against the defendant?
3. Are the jurors sufficiently similar to the defendant (peers)?
maxdancona
 
  0  
Reply Sun 14 Nov, 2021 08:57 am
@Brandon9000,
My question is about the process we should use to get a fair jury. Juries are selected from a random jury pool, and then filtered by the lawyers. The lawyers are not impartial, each lawyer represents his side.

Coming up with the goals is just the first part.

The more dofficult part is coming up with a process (in our adversarial sytem of justice) that will result in a fair jury.
Brandon9000
 
  0  
Reply Sun 14 Nov, 2021 07:30 pm
@maxdancona,
You said it your self. It's the adversary system, which is based on the belief that if both sides simply try to win, justice will be done most of the time.
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