On Fri, Feb 5, 2016 at 6:16 AM, Glen Sanderson <[log in to unmask]>
wrote:

> While in the selection process for jury duty the following question was
> asked by the defense.
> Is it:
> (1) worse to send an innocent person to jail
> (2) let a guilty person go home.
>


Is this a case of "degrees of wrong"?

I'd say knowingly doing #1 OR #2 constitutes a definite miscarriage of
justice... and this happens in many cases when there is a possibly "hung"
jury, and a foreperson attempts to bully or intimidate the pool of jurors
into changing their votes.

Thee are some cases when there is a "three strikes" issue at stake,
depending upon the severity of the incident, jurors may be less likely to
issue a guilty verdict and send someone to prison indefinitely.  But many
of these things are plead down before it comes to trial.

I'm not sure the judge should have actually allowed a question of this type
to be asked during jury selection.... to me, it sounds as if it would
potentially poison the pool.

-- 
Larry
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*----Lawrence J. MedinaDanville, CARIM Professional since 1972*

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