Tuesday, May 5, 2015

In Search of the Impartial Jury

   I've suggested the Sixth Amendment is the most ignored part of the Constitution, that a speedy and public trial most often goes wanting.
   Ahh, but what of that other part of the Sixth Amendment, where it says the person is entitled to an impartial jury? While that part is not ignored, it surely is hard to keep.
   The Freddie Gray case in Baltimore? Yes, I wonder whether a fair and impartial jury can be seated.
   I think of cases where DNA has came back and shown convict innocent. I think of other times when people have also been convicted when they shouldn't have been. I think of times they should have been and weren't. I think of O.J. Simpson.
   Our judicial system is far from perfect. Though we tend to take court decisions as being just, I am one who wonders how many of them are not.
   And, I wonder what could be done, to make them more impartial. The only thing I can think of, off the top, is better instructions to the jurors. Give a long diatribe on how important it is that they set aside tendencies and focus on being fair. Give the diatribe before the hearings start and give it again as the jury retires to discuss the case, and issue a short third warning as they ready to vote.

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