Thursday, April 22, 2010

Anti-Canadian jury bias

A Boston jury pool is being checked for anti-Canadian bias in a case involving Canadians. The media spin seems to be "how crazy". In fact it just reflects the customary American practice of checking to make sure jurors are actually impartial.

In Canada such checking is rare and normally limited only to cases involving visible minorities.

The concern is that the US system leads to cherry picked, as opposed to impartial, juries. It's the same issue as was raised with the Crown getting confidential records prior to trial in some cases here in Ontario. That said, if a juror really doesn't like, say, French, isn't it more fair to keep that juror out of a trial dealing with someone from Paris?

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