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A dirty secret of the American judicial system is that juries are hardly fair and impartial

Jury selection these days is done with a wink and a nod.
Jury selection these days is done with a wink and a nod. (REUTERS/Art Lien)

Imagine you are a defendant awaiting trial on criminal charges that could send you to prison for the rest of your life. You are sitting at the counsel table during voir dire, the process by which a jury is selected before a trial.

The prosecutor asks a potential juror: “You haven’t heard any evidence. How would you vote?” The potential juror responds: “I would have to vote guilty.”

Your trial judge pipes up. He’s supposed to ensure that you receive a fair trial and that the jurors who will sit in judgment upon you are neutral, objective, and willing to see and hear the evidence with an open mind. The judge asks the prospective juror: “Could you return a verdict of not guilty if the government doesn’t prove its case beyond a reasonable doubt?” The would-be juror responds: “I don’t think I would be able to.”

The prosecutor — who wants this juror on the panel because he wants to convict you — presses on. He asks the juror: “Let’s say the victim takes the stand [and] you flat-out don’t believe her. In fact, you think she’s lying. You look at her [and conclude], ‘I don’t believe a word coming out of her mouth.’ Are you going to convict this man anyway?”

The potential juror responds: “That depends. I still feel he was at fault.”

How would you feel if this juror were allowed to join the panel that determined your fate? Would you feel as though you had received a fair trial by an impartial panel, as the Sixth Amendment commands? Or would you feel that the trial judge had failed to protect your presumption of innocence?

My guess is you would feel cheated. I know I would. But yet this precise scenario unfolded in California in 2009. This juror was allowed to serve on this trial. And to date, no judge has declared it a violation of the defendant’s constitutional rights.

Now, in this particular case, the defendant, Jose Felipe Velasco, was accused of an extremely heinous crime. He was an alleged serial child rapist who had gotten a 14-year-old girl pregnant after having some form of sex with her 21 times. But that should not change our minds about whether this man should be presumed innocent and be entitled to a fair trial. Indeed, this is precisely why we have constitutional rights in criminal cases — so that fairness and due process come even to the despised.

R. Scott Moxley, a veteran reporter and columnist for OC Weekly, brought this story to national prominence this week — and it’s a remarkably ugly picture in every way. Not only were the charges awful, not only is this defendant as unsympathetic a figure as the criminal justice system churns out, but the way the case was handled was ignoble, too. Thousands of years’ worth of the presumption of innocence shouldn’t go out the window just because a defendant is accused of heinous crimes.

 

Read More Here

 

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The myth of the impartial juror

Crazy story from the OC Weekly about a sex crimes case in California.

After an Orange County prosecutor gave an opening statement, Juror 112 notified [Judge David] Hoffer that based on her own experiences she believes criminals should forgo trials in such sexual assault cases and go straight to prison to spare victims additional turmoil.

The prosecutor then asked the juror: “You haven’t heard any evidence. How would you vote?”

Juror 112 responded, “I would have to vote guilty.”

Statements by lawyers are not evidence, and Hoffer followed up with the juror, according to court transcripts reviewed by the Weekly.

The judge asked if she could return a verdict of not guilty if the government couldn’t prove it’s case beyond a reasonable doubt.

“I don’t think I would be able to,” the juror replied.

 

Read More Here

 

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