Comments on: Peremptory Challenges — The Worst System, Except For All The Other Ones http://www.popehat.com/2009/03/05/peremptory-challenges-the-worst-system-except-for-all-the-other-ones/ A Group Complaint about Law, Liberty, and Leisure Thu, 09 Feb 2012 22:39:39 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: They Were Practically Begging to Be Struck… — Chandler Criminal Defense http://www.popehat.com/2009/03/05/peremptory-challenges-the-worst-system-except-for-all-the-other-ones/comment-page-1/#comment-25106 They Were Practically Begging to Be Struck… — Chandler Criminal Defense Mon, 09 Mar 2009 10:32:37 +0000 http://www.popehat.com/?p=3369#comment-25106 [...] have been writing about peremptory challenges lately. You can read some interesting posts here and here. In Arizona, the parties each get six peremptory challenges in felony cases not punishable by [...] [...] have been writing about peremptory challenges lately. You can read some interesting posts here and here. In Arizona, the parties each get six peremptory challenges in felony cases not punishable by [...]

]]> By: Linus http://www.popehat.com/2009/03/05/peremptory-challenges-the-worst-system-except-for-all-the-other-ones/comment-page-1/#comment-25059 Linus Sun, 08 Mar 2009 06:06:37 +0000 http://www.popehat.com/?p=3369#comment-25059 I'm a plaintiffs' attorney. I notice the article only mentions briefly all the extra time it would take to conduct jury selection if there were no peremptory challenges. I don't see how limiting them to 3 would be any better than 0 in that regard, and therefore don't see how that's a "compromise" position. You're going to use your 3 on the most obvious, but the rest you're going to want to voir dire the hell out of, because otherwise your client is going to feel like he's been hoodwinked. And the article cites to a few cases where there was concern that the challenge was used for racial, and no other, reasons. So what? If it's efficiency you're concerned with, you're going to weigh a few outlier cases against the almost certain clogging of EVERY SINGLE JURY TRIAL in that particular jurisdiction? Quick question though: If we are assuming it is more evil to peremptorily strike a black person for their blackness than to strike a ballerina for her ballerinaness, why? Is it because ballerinas have not suffered years of discrimination? Because it's still ok in polite company to tell ballerina jokes? I'm not harshing on you Ken, I probably feel the same way you do about it, I just sometimes find it odd that we are accepting of snap judgments based on one particular aspect of a person, UNLESS it's their race. Then it's the Worst Thing In the World®. I'm a plaintiffs' attorney. I notice the article only mentions briefly all the extra time it would take to conduct jury selection if there were no peremptory challenges. I don't see how limiting them to 3 would be any better than 0 in that regard, and therefore don't see how that's a "compromise" position. You're going to use your 3 on the most obvious, but the rest you're going to want to voir dire the hell out of, because otherwise your client is going to feel like he's been hoodwinked.

And the article cites to a few cases where there was concern that the challenge was used for racial, and no other, reasons. So what? If it's efficiency you're concerned with, you're going to weigh a few outlier cases against the almost certain clogging of EVERY SINGLE JURY TRIAL in that particular jurisdiction?

Quick question though: If we are assuming it is more evil to peremptorily strike a black person for their blackness than to strike a ballerina for her ballerinaness, why? Is it because ballerinas have not suffered years of discrimination? Because it's still ok in polite company to tell ballerina jokes? I'm not harshing on you Ken, I probably feel the same way you do about it, I just sometimes find it odd that we are accepting of snap judgments based on one particular aspect of a person, UNLESS it's their race. Then it's the Worst Thing In the World®.

]]> By: Buffy A. http://www.popehat.com/2009/03/05/peremptory-challenges-the-worst-system-except-for-all-the-other-ones/comment-page-1/#comment-25037 Buffy A. Sat, 07 Mar 2009 14:22:10 +0000 http://www.popehat.com/?p=3369#comment-25037 I practice criminal law in a very, very small town. During my first jury trial, the jury panel included the mayor, and the mayor's next door neighbor. I have had other panels that included the father of the clerk of court, one of the defendant's high school teachers, his high school classmates, retired cops, retired prison wardens... I use most or all of my strikes on these people (who all assured the judge that yes, they could be completely impartial). I rarely have enough strikes left over to use on ballet dancers or black people or people who rub me the wrong way. Without peremptory strikes, I'd never get anything close to a fair trial. I practice criminal law in a very, very small town. During my first jury trial, the jury panel included the mayor, and the mayor's next door neighbor. I have had other panels that included the father of the clerk of court, one of the defendant's high school teachers, his high school classmates, retired cops, retired prison wardens… I use most or all of my strikes on these people (who all assured the judge that yes, they could be completely impartial). I rarely have enough strikes left over to use on ballet dancers or black people or people who rub me the wrong way. Without peremptory strikes, I'd never get anything close to a fair trial.

]]> By: Rick H. http://www.popehat.com/2009/03/05/peremptory-challenges-the-worst-system-except-for-all-the-other-ones/comment-page-1/#comment-25011 Rick H. Fri, 06 Mar 2009 23:29:50 +0000 http://www.popehat.com/?p=3369#comment-25011 As a 45-year-old atheist who works in the porn industry and is strongly opposed to the drug war, there's no way I will ever be selected for a jury. Therefore, jury duty is a total waste of my time. The current system, as I see it, is biased toward those who are not critical thinkers, are unduly swayed by peer pressure, and who get their view of justice from watching TV. This whittling away of all outliers, skepticism and strongly-held opinions - leaving only the passive received wisdom of mythical "moderates" - creates a process that's set up to favor prosecutors and a select few kinds of defendants, warding off any courtroom challenges to bad legislation and giving undue power to professional testifying "experts" whose statements will not be questioned. I'm not a lawyer, but I would be interested in your opinion on this. As a 45-year-old atheist who works in the porn industry and is strongly opposed to the drug war, there's no way I will ever be selected for a jury. Therefore, jury duty is a total waste of my time.

The current system, as I see it, is biased toward those who are not critical thinkers, are unduly swayed by peer pressure, and who get their view of justice from watching TV. This whittling away of all outliers, skepticism and strongly-held opinions – leaving only the passive received wisdom of mythical "moderates" – creates a process that's set up to favor prosecutors and a select few kinds of defendants, warding off any courtroom challenges to bad legislation and giving undue power to professional testifying "experts" whose statements will not be questioned. I'm not a lawyer, but I would be interested in your opinion on this.

]]> By: Peremptory juror challenges http://www.popehat.com/2009/03/05/peremptory-challenges-the-worst-system-except-for-all-the-other-ones/comment-page-1/#comment-25008 Peremptory juror challenges Fri, 06 Mar 2009 21:38:48 +0000 http://www.popehat.com/?p=3369#comment-25008 [...] response to the Koppel article, however, take a position sharply different from mine: Patrick and Ken at Popehat, Scott Greenfield, Mark Bennett (and further). (More: WSJ law blog.) Deadline pressure [...] [...] response to the Koppel article, however, take a position sharply different from mine: Patrick and Ken at Popehat, Scott Greenfield, Mark Bennett (and further). (More: WSJ law blog.) Deadline pressure [...]

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