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suck my woke dick
Oct 10, 2012

:siren:I CANNOT EJACULATE WITHOUT SEEING NATIVE AMERICANS BRUTALISED!:siren:

Put this cum-loving slave on ignore immediately!
In a shocking twist of events, "The American PeopleTM shall vote for loving everything :downs:" doesn't actually increase FreedomTM

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archangelwar
Oct 28, 2004

Teaching Moments

Main Paineframe posted:

Actually, the question of whether anyone is willing to act against racism is pretty loving important. No rule can survive if no one is willing to enforce it. Which is exactly the problem with Batson challenges now!

I did not say it was unimportant, I said it was independent. If there is no political will then it doesn't matter what is proposed. Conversely, it is still useful to discuss ways to improve the system even if there is no political will, because things can change.

Main Paineframe
Oct 27, 2010

archangelwar posted:

I did not say it was unimportant, I said it was independent. If there is no political will then it doesn't matter what is proposed. Conversely, it is still useful to discuss ways to improve the system even if there is no political will, because things can change.

If there was political will, we wouldn't need to improve the system. The Batson challenge is fairly solid in theory, the problem is that the people who oversee it are refusing to provide oversight. Without willingness to provide solid oversight, the only way to eliminate racism from peremptory strike usage is to eliminate peremptory strikes altogether.

qwertyman
May 2, 2003

Congress gave me $3.1 trillion, which I already spent on extremely dangerous drugs. We had acid, cocaine, and a whole galaxy of uppers, downers, screamers, laughers, and amyls.

falcon2424 posted:

An easy solution would be to eliminate peremptory challenges for jurors. (Or limit it to like 1/side/case)

If a lawyer wants to strike someone, let them explain their cause, on the record.

If we wanted to get even more strict, we could have the lawyers conduct voir dire via written forms.

This would ensure that everyone gets asked the same questions, and there's no racial bias in how the answers are treated.

Beyond that, the government could pay jurors for missed wages, to minimize hardship exemptions from jury service.

I absolutely agree with this. I do not see the point of peremptory challenges when any venire person can be struck for cause. Peremptory challenges make it less likely that a juror a defendant or prosecutor faces will be a jury truly comprised of their peers.

The Dipshit
Dec 21, 2005

by FactsAreUseless

VitalSigns posted:

Why not do something similar to what other multiethnic societies do in power-sharing agreements, something like what we already do under the UCMJ by allowing an enlisted defendant to demand that at least one-third of the jury be made up of enlisted servicemembers.


Why stop there? How about education levels as well? The lawyer also mentioned that you want dumb people on the jury. Could a science doctorate demand that 1/3rd of his or her jury have a STEM Phd? Could a lawyer do similar? How about a medical doctor demanding MDs?


The curtailment of peremptory challenges seems a lot more reasonable to me as I understand them. Can't abuse it if you only got one shot with it and might really need it for actual cause.

Neurolimal
Nov 3, 2012

qwertyman posted:

I absolutely agree with this. I do not see the point of peremptory challenges when any venire person can be struck for cause. Peremptory challenges make it less likely that a juror a defendant or prosecutor faces will be a jury truly comprised of their peers.

In theory it allows you to remove people with prejudiced notions on the case as a result of biased reporting of the case in a nonlegal fashion.

In practice though its just about the prosecutor removing as many sympathetic jurors as they can while the public attorney tries to get to his next case as fast as possible.

Panzeh
Nov 27, 2006

"..The high ground"
Jury selection should be eliminated- you should just have to put up with the jury you have.

FetusSlapper
Jan 6, 2005

by exmarx

Panzeh posted:

Jury selection should be eliminated- you should just have to put up with the jury you have.

I wonder which zip codes jury notices will stop showing up in?

VitalSigns
Sep 3, 2011

To keep juror fraud from happening, jurors need to bring their notice and a photo ID to the nearest DMV

Infinite Karma
Oct 23, 2004
Good as dead





Having the prosecution pick their 6 (via the same strike system) and the defense pick their 6 might work. The defense can use pretext to dismiss WASP jurors just as easily.

Goatse James Bond
Mar 28, 2010

If you see me posting please remind me that I have Charlie Work in the reports forum to do instead

VitalSigns posted:

To keep juror fraud from happening, jurors need to bring their notice and a photo ID to the nearest DMV

True fact, my town shut down the only even remotely convenient dmv.

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eSports Chaebol
Feb 22, 2005

Yeah, actually, gamers in the house forever,

Panzeh posted:

Jury selection should be eliminated- you should just have to put up with the jury you have.

Isn't this how the UK does it?

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