SCOTUS publicly defecates on trial by jury in the name of countering racial prejudice

Source: Los Angeles Times

"The Supreme Court took a strong new stand against racial bias in jury rooms, ruling for the first time that reports of racist comments by jurors may require setting aside a verdict and holding a new trial. Justice Anthony M. Kennedy, announcing the court's decision Monday, wrote that the 'imperative to purge racial prejudice from the administration of justice' requires setting aside the traditional rule that bars judges from second-guessing what went on in the jury room. The 5-3 decision announced a limited exception to that rule against second-guessing juries. The new rule covers cases in which 'one or more jurors made statements exhibiting overt racial bias that cast serious doubt on the fairness and impartiality of the jury's deliberations and resulting verdict.'" (03/06/17)

http://www.latimes.com/nation/la-na-pol-court-race-juries-20170306-story.html

  • dL

    publicly defecates on trial by jury

    I have to agree…the obligation on weeding out hostile jury bias falls on the defense. If you put it on the State and give it the power to vacate jury decisions b/c it doesn't like the "predisposed biases" of jury members, you have effectively "poisoned pilled" trial by jury. Obvious slippery slope.