What makes a juror too biased to serve on a case?
Recently, I was called for jury duty selection for case that involved repeated sexual assault on a person who was a minor at the time. I was not selected; the prosecuting attorney used one of his peremptory challenges to dismiss me. I’m OK with that – the trial would have been weeks long – although I do, in an idle curiosity sort of way, wonder about the reasons. My friends insist it is because I have a PhD (apparently many of my fellow PhDs have been dismissed from juries), but I’d also note that the prosecuting attorney seemed very concerned about having people on the jury who were not in favor of the district attorney, who was on the ballot for re-election.
But it wasn’t the prosecuting attorney’s dismissal of me that I found troubling. Instead, it was process, largely led by the defense attorney and, if I understand correctly, allowed by the judge, for dismissing people “for cause.”
I know at least some of what I say here will be controversial and perhaps heretical. It won’t be as well-organized as I’d like because I am still thinking through some things. But perhaps the reader will think through things with me.
The defense attorney’s questioning of potential jury members was very haphazard. He asked what was ostensively the same question in different ways, to the point where they seemed like different questions, although I don’t think that was his intent. Some people were queried more intensively than others. And it seemed to me that women were queried more intensively than men.
That was bad enough, but as the process went on, it became apparent that anyone who had experienced sexual assault or who had someone close to them who had been sexually assaulted was being dismissed for cause on the grounds of “bias.” Since something like 1 in 4 women have been sexually assaulted, this was quite disturbing. A lot of people were being dismissed. (Of course, some people are going to find it too painful to serve, and those people were rightly dismissed – but the dismissals were going beyond that).









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