I didn't blog the story because I didn't think there was a story to blog -- the Court didn't say there was an exclusion or unfairness -- the Court just said it would hear argument.
But readers have asked my thoughts.
So here they are.
Any gaming of the jury pool (by either side having an unfair advantage or by specific types of jurors being excluded) is unfair and leads to a trial that, in my thinking, ought to be found to be a nullity. So long as we have juries those juries should be selected from those qualified without any limitation as to background.
2 comments:
Does this mean "all white" juries in cases involving aboriginal defendants are fine by you? Does this mean "gaming" the jury pool to include a subset of aboriginals is a bad idea?
It isn't the juries I am concerned about; It is the lawyers and judges that pose a bigger concern.
Can a white lawyer defend an aboriginal client? If that question offends anyone then how would it be less offensive to question the make up of a jury?
There are a few problems with the jury system but race isn't one of them. My belief is that anyone who is concerned about the racial make-up of a jury is probably racist.
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