I was summoned for jury duty some years ago, and during voir dire, the attorney asked me whether I could obey the judge's instructions. I answered, "It all depends upon what those instructions are." Irritatingly, the judge asked me to explain myself. I explained that if I were on a jury back in the 1850s, and a person was on trial for violating the Fugitive Slave Act by assisting a runaway slave, I would vote for acquittal regardless of the judge's instructions. The reason is that slavery is unjust and any law supporting it is unjust. Needless to say, I was dismissed from jury duty.

Walter Williams, 11 July 2007

Friday, November 2, 2007

Presumption of Innocence: Impossible

There is no way to guarantee that jurors hold an unbiased approach to the trial at hand. While sitting upon the jury box, one is prone to applying their own morals and ethics to the case, and in doing so, they judge not according to the rules of law but to their own rules. This is discussed in greater depth in regards to tort reform in The Power of the Value-Driven Bias. In these cases, which are often civil, the jury is forced to decide whether a wrongful act which did not break any contract entitles the prosecutor to some sort of compensation. For instance, the bride from New York who recently sued her florist for providing flowers which were not the right hue. In a case such as this, it is impossible to judge the case without bringing your own views into the picture—the nature of a case like this, in which restitution is decided, even asks for the juror to judge according to his or her morals, which always shape a biased inclination of some sort. In many court cases, this goes to show, the jurors of the court are forced to judge taking into account their personal bias, and this is inconsistent with the right to an unbiased jury.

Even the slightest presupposed judgment by jurors, which is often created after seeing and profiling a person (or defendant), leads to large problems. Confirmation Bias happens after one makes an assumption; it is looking at evidence only in the way which fits your assumption and disregarding other evidence. In the case of the Robin Hood Woods murders, the jurors and judge obviously hold a confirmation bias because bite marks on the victims did not match any of the defendant’s own dental impression. Juror selection, the goal seemingly to select unbiased jurors, even goes so far as to use bias in their favor. Just look at Consultant Hirschhorn’s comment:

"If there's somebody I'm on the fence about and I think a couple of the other jurors will bond with and bring that person along, I'll keep him on…I look for whether it's an intellectual relationship, whether they have common interests, common goals, common life experiences."


It is impossible to guarantee a jury without bias—pyschologists say that evidence agrees. Impartiality needs to be examined by officials outside of the juror box do determine whether the case has evoked too much personal bias and is therefore unlawful.

5 comments:

Behind The Lens said...

I definitely agree that bias has become too much of an influence on the verdict of court cases. One cannot prevent individuals from thinking in a certain manner, but watchdogs can be created to put the jury back on track. For example, a second jury or a group of officials can be employed to analyze the jury's thought pattern and be reinforcement for the jury.
I also agree that jury selection has become corrupt because in modern society it has become a system that chooses an individual who agrees with the views of the case rather than an unbiased individual. A possible solution to jury selection is to make other court officials elect the jury rather than the lawyers involved in the case. This way the process will become more unbiased and free from partiality.

Haley said...

I agree with your statement completely. It is especially hard today with the access we have to the media. But like Vahini said, what about a second jury? I know that may cost more money, but wouldn't it be worth the cost for justice. Or what about breaking the jury into two...six for the analysis of the case and the other six for the analysis of the jury.

Also with the rules of how to dismiss jurors these days, it has become corrupt. Again Vahini brings up a good point, what about a neutral party. Don't the prosecutor and defense attorney already have their opinions made up? They are letting the biased pick the jury....are we setting ourselves up for an unfair system?

Champ said...

I definitely agree with your post and vahini that bias has become too much of an influence on the verdict of court cases. Its true that prejudice starts very early in life and without proper education can be irreversible. I am not sure how "watchdogs can be created to put the jury back on track", but this is an interesting idea. The idea of two juries is great but I think that this would just further complicate things.Lawyers do have an agenda and therefore have bias, so how can we find someone that will work and be payed to not have an agenda? You bring up some very interesting points, keep up the good work!

Cody Green said...

I think the idea of having a watchdog group to suprevise the thought patterns of juries is an intersting one, but I can also see it becoming corrupted. For instance, these groups could over extend their influence on the jurors and influence their decisions.

dudleysharp said...

However, the protection of actual innocents within the process is quite extraordinary.

Possibly we have sentenced 20-25 actually innocent people to death since 1973, or 0.3% of those so sentenced. Those have been released upon post conviction review. There is no proof of an innocent executed in the US, at least since 1900.

Of all the government programs in the world, that put innocents at risk, is there one with a safer record and with greater protections than the US death penalty?

Unlikely.

No Death Penalty = More Innocents Harmed
Dudley Sharp, Justice Matters, contact info below
 
Those who say the death penalty puts innocents at risk of execution forget to look at both sides of the equation.
 
What is the risk to innocents within a life sentence and absent the death penalty? The evidence is that innocents are more at risk without the death penalty.
 
Living murderers, in prison, after escape or after our failures to incarcerate them, are much more likely to harm and murder, again, than are executed murderers.
 
This is a truism.
 
No knowledgeable and honest party questions that the death penalty has the most extensive due process protections in US criminal law.

Therefore, actual innocents are more likely to be sentenced to life imprisonment and more likely to die in prison serving under that sentence, that it is that an actual innocent will be executed.
 
That is. logically, conclusive.
 
16 recent studies, inclusive of their defenses,  find for death penalty deterrence.
 
Is this a surprise? No.

Life is preferred over death. Death is feared more than life.
 
Some believe that all studies with contrary findings negate those 16 studies. They don't. Studies which don't find for deterrence don't say no one is deterred, but that they couldn't measure those deterred.
 
What prospect of a negative outcome doesn't deter some? There isn't one . . . although committed anti death penalty folk may say the death penalty is the only one.
 
However, the premier anti death penalty scholar accepts it as a given that the death penalty is a deterrent, but does not believe it to be a greater deterrent than a life sentence. Yet, the evidence is  compelling and un refuted  that death is feared more than life - even in prison.
 
Some death penalty opponents argue against death penalty deterrence, stating that it's a harsher penalty to be locked up without any possibility of getting out.
 
Reality paints a very different picture.
 
What percentage of capital murderers seek a plea bargain to a death sentence? Zero or close to it. They prefer long term imprisonment.
 
What percentage of convicted capital murderers argue for execution in the penalty phase of their capital trial? Zero or close to it. They prefer long term imprisonment.
 
What percentage of death row inmates waive their appeals and speed up the execution process? Nearly zero. They prefer long term imprisonment.
 
This is not, even remotely, in dispute.
 
Life is preferred over death. Death is feared more than life.
 
Furthermore, history tells us that "lifers" have many ways to get out: Pardon, commutation, escape, clerical error, change in the law, etc..

In choosing to end the death penalty, or in choosing not implement it, some have chosen to spare murderers at the cost of sacrificing more innocent lives.
 
--------
 

 
Dudley Sharp, Justice Matters
e-mail  sharpjfa@aol.com,  713-622-5491,
Houston, Texas
 
Mr. Sharp has appeared on ABC, CBS, CNN, FOX, NBC, NPR, PBS, BBC and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O'Reilly Report, etc., has been quoted in newspapers throughout the world and is a published author.
 
A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally.
 
Pro death penalty sites 

homicidesurvivors(dot)com/categories/Dudley%20Sharp%20-%20Justice%20Matters.aspx

www(dot)dpinfo.com
www(dot)cjlf.org/deathpenalty/DPinformation.htm
www(dot)clarkprosecutor.org/html/links/dplinks.htm
joshmarquis(dot)blogspot.com/
www(dot)lexingtonprosecutor.com/death_penalty_debate.htm
www(dot)prodeathpenalty.com
www(dot)yesdeathpenalty.com/deathpenalty_contents.htm  (Sweden)
www(dot)wesleylowe.com/cp.html