Comments on: We The Jury, In The Case Of Society v. Society… http://www.popehat.com/2009/03/05/we-the-jury-in-the-case-of-society-v-society/ 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: Patrick http://www.popehat.com/2009/03/05/we-the-jury-in-the-case-of-society-v-society/comment-page-1/#comment-25068 Patrick Sun, 08 Mar 2009 13:17:23 +0000 http://www.popehat.com/?p=3362#comment-25068 <blockquote>What is wrong with asking for a reason why you do not want that particular juror to sit? Is it merely because most of the preemptory challenges are used for reasons of race gender, ethnicity and perceived class?</blockquote> Nothing so long as it's outside the juror's presence, and no, though some are. As stated above, I don't view jury service as a right, to which one is entitled regardless of one's protected status under the law.

What is wrong with asking for a reason why you do not want that particular juror to sit? Is it merely because most of the preemptory challenges are used for reasons of race gender, ethnicity and perceived class?

Nothing so long as it's outside the juror's presence, and no, though some are. As stated above, I don't view jury service as a right, to which one is entitled regardless of one's protected status under the law.

]]> By: David Townsend http://www.popehat.com/2009/03/05/we-the-jury-in-the-case-of-society-v-society/comment-page-1/#comment-25063 David Townsend Sun, 08 Mar 2009 10:16:18 +0000 http://www.popehat.com/?p=3362#comment-25063 I must say that I cannot agree less. We abolished preemptory challenge in the UK in 1989 and nobody has missed it at all. No-one is suggesting that you lose challenge for cause and all the examples you give would have left the juror being blocked in the UK as well. What is wrong with asking for a reason why you do not want that particular juror to sit? Is it merely because most of the preemptory challenges are used for reasons of race gender, ethnicity and perceived class? It used to be said that to get out of the duty of serving on a jury, all that you had to do was to turn up in a suit and wait to be challenged. I must say that I cannot agree less. We abolished preemptory challenge in the UK in 1989 and nobody has missed it at all. No-one is suggesting that you lose challenge for cause and all the examples you give would have left the juror being blocked in the UK as well. What is wrong with asking for a reason why you do not want that particular juror to sit? Is it merely because most of the preemptory challenges are used for reasons of race gender, ethnicity and perceived class? It used to be said that to get out of the duty of serving on a jury, all that you had to do was to turn up in a suit and wait to be challenged.

]]> By: Peremptory juror challenges http://www.popehat.com/2009/03/05/we-the-jury-in-the-case-of-society-v-society/comment-page-1/#comment-24963 Peremptory juror challenges Fri, 06 Mar 2009 13:24:16 +0000 http://www.popehat.com/?p=3362#comment-24963 [...] blogging in response to the Koppel article, however, take a position sharply different from mine: Patrick and Ken at Popehat, Scott Greenfield, Mark Bennett. (More: WSJ law blog.) Deadline pressure [...] [...] blogging in response to the Koppel article, however, take a position sharply different from mine: Patrick and Ken at Popehat, Scott Greenfield, Mark Bennett. (More: WSJ law blog.) Deadline pressure [...]

]]> By: » Peremptories — Love ‘Em or Leave ‘Em?-Defending People http://www.popehat.com/2009/03/05/we-the-jury-in-the-case-of-society-v-society/comment-page-1/#comment-24946 » Peremptories — Love ‘Em or Leave ‘Em?-Defending People Fri, 06 Mar 2009 01:53:20 +0000 http://www.popehat.com/?p=3362#comment-24946 [...] Patrick at PopeHat expands on his view.: A trial does not belong to society, nor does it belong to a juror.  It belongs to the parties, [...] [...] Patrick at PopeHat expands on his view.: A trial does not belong to society, nor does it belong to a juror.  It belongs to the parties, [...]

]]> By: Rage Judicata http://www.popehat.com/2009/03/05/we-the-jury-in-the-case-of-society-v-society/comment-page-1/#comment-24936 Rage Judicata Thu, 05 Mar 2009 23:17:28 +0000 http://www.popehat.com/?p=3362#comment-24936 In Texas, the Chief Justice of the Supreme Court recently contributed his opinion that we should think about doing away with peremptories altogether because they're ripe for abuse, almost always used for the purpose of discrimination, and almost completely impossible to overturn if a lawyer knows what he's doing. That's some pretty scary stuff, and highly unusual coming from such a conservative jurist, if you ask me. In Texas, the Chief Justice of the Supreme Court recently contributed his opinion that we should think about doing away with peremptories altogether because they're ripe for abuse, almost always used for the purpose of discrimination, and almost completely impossible to overturn if a lawyer knows what he's doing.

That's some pretty scary stuff, and highly unusual coming from such a conservative jurist, if you ask me.

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