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Give juries final say
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Uh, yesterday? The letter writer's cynicism is misplaced. Voir dire and challenge are perfectly legitimate and fair means of selecting a jury of peers. Challenges are limited and voir dire allows defendants and prosecutors to find individuals who will treat the case fairly and objectively. In fact, it is only in the recent past that fairness in jury selection has been enforced. A few years ago, a black defendant could count on facing an all-white jury. In the South, that jury would be loaded with racists and bigots.
No, Mr. Sharp, juries are now better than they have ever been!
Jurisdictions are today typically much bigger than that. Salt Lake City is 110 square miles, West Valley City is 35 square miles, Logan is even 17 square miles, Provo 40 square miles, and Saint George 64 square miles.
The small powers of the individual today, I believe, are directly related to the large size of our governmental units. This depletion of individual rights and powers relates also to large judicial units, and the reduced powers of juries.
When we talk about smaller government, we might consider Jefferson's views, as one who greatly favored and actively promoted individual rights.
Essentially this is how it works. It was a DUI case. While under oath, we were all asked if we had formed an opinion or were prejudiced or biased in any way. After all of us affirmed that we were not, both the prosecutor and the defense attorney started asking us questions which were prying and invasive into our personal lives. One question was, "have you or a close friend or relative ever been convicted of DUI?" If so they wanted all of the details broadcast to everyone in the courtroom. Needless to say if a family member of yours had been convicted, you certainly don't want to broadcast it to the world.
The original question proved to be totally irrelevant because if they had believed us there would be no reason to ask additional questions. The point of their questioning became apparent in that they were attempting to find those who were biased or prejudiced in their favor. It was the most hypocritical and dishonest process I have ever been through.