Jury Selection: Eliminating Some of the Peers

Abstract

Can the individuals who sit on the jury decide a case fairly, impartially, and solely on the facts presented in court? Even if the community as a whole is relatively unbiased, some citizens called for jury duty may find it difficult to keep an open mind. Few people would argue that the defendant’s mother or the victim’s sister could be impartial jurors, for they have a very obvious interest in the case. As we move away from this direct interest, however, the concept of bias becomes arguable. Can a person who was a mugging victim twenty years ago judge a robbery case with an open mind? Can a man whose former girlfriend has narrowly escaped rape serve as an unbiased juror in a rape trial? Some people would argue that they probably can while others would say no. Some might go so far as to say that any person who has been a crime victim will have attitudes against almost all criminal defendants.