Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

Progressives being EXcluded from juries??

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Archives » General Discussion (01/01/06 through 01/22/2007) Donate to DU
 
AnnInLa Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-29-06 12:44 PM
Original message
Progressives being EXcluded from juries??
From a Kos diarist, wytcld, comes this post:

At holiday dinner my inlaw's inlaw in law, a New Jersey state prosecutor, told us that prosecutors now ask all potential jurors if we ever read "progressive blogs," and reject us from juries if the answer is "Yes." Meanwhile, if a perp has been, say, involved in an assault which nearly removed the nose from the victim's face, prosecutors are working closely with armed services recruiters to offer him the chance to avoid trial and punishment by accepting recruitment.

more at

http://www.dailykos.com/storyonly/2006/12/29/112951/04


((would you tell the truth about reading progressive blogs, or would you lie, thinking it was none of their business or discriminatory? OTH, it is a good way to get out of jury duty, I guess. Sigh.))
Printer Friendly | Permalink |  | Top
aquart Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-29-06 12:47 PM
Response to Original message
1. Are they allowed to ask if you're a Republican or a Democrat?
Because this looks like a backdoor question to get that answer.
Printer Friendly | Permalink |  | Top
 
Cessna Invesco Palin Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-29-06 12:47 PM
Response to Original message
2. It doesn't work that way.
Prosecutors don't just get to exclude whoever-the-fuck-we-feel-like-excluding from juries. They have a specific, limited number of challenges, and they can use them in any way they please. Any prosecutor who would use this as a blanket litmus test for jurors is an idiot. You exclude jurors based on factors that change from case to case. So whoever's in-law's in-law's mother of my brother's father's sisters podiatrist doesn't know WTF they are talking about.
Printer Friendly | Permalink |  | Top
 
AnnInLa Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-29-06 12:54 PM
Response to Reply #2
6. One of the commentors explained it thusly:
In the comment thread, Scorponic said:

You cannot use peremptory challenges (i.e., your allotted number of "no-cause" challenges, for which no reason need be given) to eliminate persons of a specific race or gender. If I remember correctly from 1st year Constitutional Law, there are also limits on using peremptory challenges to eliminate persons with specific political views, unless holding a particular view might be prejudicial to the defense or prosecution -- e.g., the prosecution in a capital case may eliminate persons who believe the death penalty is immoral. Of course, the trick has always been to establish that the prosecution is actually eliminating people on such disfavored grounds. He or she can always think of a permitted reason if forced to explain, and almost any reason will do. Thus, you have to wait until the prosecution's challenges reveal a pattern that demonstrates an illegitimate motivation. In a case where the jury pool contains only one, two or three avowed progressives, that won't be sufficient to demonstrate a pattern.

http://www.dailykos.com/story/2006/12/29/112951/04
Printer Friendly | Permalink |  | Top
 
Liberty Belle Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-29-06 12:49 PM
Response to Original message
3. Kick! This is an outrage.
If I were asked that question, I would say that I both read and write progressive blogs, and further that if excluded from jury service for that reason I would seek legal counsel to enforce my citizens' right to serve on a jury.

Where is the ACLU? This sounds like something they should take on and challenge.

:patriot:
Printer Friendly | Permalink |  | Top
 
TechBear_Seattle Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-29-06 12:49 PM
Response to Original message
4. Can a person refuse to answer?
I'm coming up for jury duty in February. When faced with questions like that, can I refuse by saying that I am guaranteed a right to privacy with regards to political beliefs and that any such beliefs have no relevance to my competence as a jurist?
Printer Friendly | Permalink |  | Top
 
rox63 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-29-06 12:52 PM
Response to Original message
5. I served on a jury this year
And no one asked me anything like that. (I'm in MA)

Perhaps the case has some connection to blogs, and that's why they asked? :shrug:
Printer Friendly | Permalink |  | Top
 
MannyGoldstein Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-29-06 01:24 PM
Response to Original message
7. In Mass., Anyone With An Above Average IQ is Booted
Edited on Fri Dec-29-06 01:25 PM by MannyGoldstein
A few years ago, I was interviewed as a prospective juror for a big murder case. The judge interviewed me, gave me a thumbs up, but the prosecutor immediately tossed me. I thought this was odd.

I asked a friend of ours who is a criminal defense lawyer. She said that anyone who is likely to be smart gets tossed from any trial that will likely last more than a few days - smart people can't stand the tedium of long trials.
Printer Friendly | Permalink |  | Top
 
ayeshahaqqiqa Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-29-06 01:31 PM
Response to Original message
8. When my husband was summoned for jury duty in Texas
years ago, they asked him what bumper stickers were on his car. This could be another way of finding out your political beliefs.
Printer Friendly | Permalink |  | Top
 
AnnInLa Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-29-06 02:47 PM
Response to Reply #8
10. Yes. Also, asking what books you read,
what magazines you subscribe to, which outlets supply your news.

Actually this has always been done: In capital cases which involve the death penalty, your political leaning would be important.

In civil cases, I'm sure that "bleeding hearts" would always identify with the individual, against the corporation. In serious criminal cases, "bleeding hearts" might balk at sending an individual to prison for extended period. In drug cases, "bleeding hearts" might support the decriminalization of certain drugs, or rehab over imprisonment. Repukes/Conservatives might identify with the Police testimony, may be "law and order" types, and may be excluded by the defense.

On the other hand, the defense, in a criminal case, may actually prefer Progressives....in a civil case, the plaintiff may prefer Progressives.

Probably, asking outright if you are a Progressive or a Dem or a Repuke might be a no-no (I don't know), but there are other ways to find out that information, and as long as there is no blatant pattern of exclusion in the jury pool, it is OK.

I think it's always been done, it's just never been expressed in this way in a Kos diary. LOL
Printer Friendly | Permalink |  | Top
 
Cleita Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-29-06 01:34 PM
Response to Original message
9. I have been eliminated for not supporting the death penalty. n/t
Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Sat Nov 01st 2014, 09:02 AM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » Archives » General Discussion (01/01/06 through 01/22/2007) Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC