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Jun 15, 2024 · Eliminating peremptory challenges in jury selection is needed to dismantle systemic racism in our legal system, say Miriam Krinsky, Chris Kemmitt and Adam Murphy.
- The Biased Jury
- Media Influence and Pre-Formed Opinions
- Ill-Equipped and Often Capricious Decision-Making
- Moving from Jury Trials to Bench Trials
The Sixth Amendment grants the right to an “impartial jury.” Herein lies the first problem. Nothing about today’s juries is impartial. The process of voir dire (jury selection) has transformed into a mini-trial in and of itself, with opposing counsel fighting vigorously not for impartiality but also for advantage. In essence, attorneys are fighting...
Today’s 24/7 media coverage and our inextricable tethering to electronic devices further complicates impartiality. Consider the trial of Kyle Rittenhouse. Although the judge instructed jurors not to discuss the case or watch any media related to the case, it is a fanciful dream to believe that each juror complied with this directive entirely. The o...
Most jurors are not only inherently biased (as we all are to some degree!) but also are ill-equipped to complete their duty. Jurors with zero legal training are frequently tasked with deciding cases involving brain-melting issues like patent law or medical malpractice. Prospective jurors with experience in the subject matter at hand are usually exc...
I contend that the United States should consider moving away from the standard jury process and instead shift toward “bench trials” in which a panel of judges decides a case. It is possible that the average trial would benefit greatly from adjudication by a team of trained legal professionals who swear an oath to remain impartial. Of course, becaus...
stereotypes in jury selection and harm the rights of litigants to obtain a fair and impartial jury while overlooking the root causes of bias. Discriminatory use of peremptory challenges is as much a product of our country’s
Jury selection serves as a crucial mechanism to ensure that the panel of jurors possesses the requisite objectivity, free from biases or preconceived notions that might compromise the integrity of the trial.
In jury selection, the overall goal should be to improve the quality of information that attorneys and judges use to exercise cause and peremptory challenges. Instead of eliminating peremptory challenges, it would be wiser to ensure this important procedure is used properly to secure a fair and impartial jury.
Jury selection is the selection of the people who will serve on a jury during a jury trial. The group of potential jurors (the "jury pool,” also known as the venire ) is first selected from among the community using a reasonably random method.
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Sep 21, 2022 · Silverstein, co-author of Washington State’s General Rule 37, a law passed in 2021 to minimize or eliminate racial bias in jury selection, explained the reasoning behind the push for the new rule.
