Monday, June 03, 2024

Is a trial by a "jury of our peers" really guaranteed? Or was the concept "bastardized" by the legal profession?

 I was curious.  President Trump was said to have a jury of his "peers." Many believe that guarantee is in the US Constitution.

https://www.usconstitution.net › constnot-html

Things That Are Not In the U.S. Constitution - The U.S. Constitution ...

Jury of Peers. People often say "I have a right to have my case heard by a jury of my peers!" when there is no such right in the Constitution. The Constitution does take up the issue of juries, however. It is the nature of the jury which is not in the Constitution. In Article 3, Section 2,

Nope.  It is there only by inference, primarily in the Sixth Amendment.

Sixth Amendment:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Do you see the word "peer" mentioned?  And worse yet, the "legal" definition is a LOT broader (i.e. "bastardized") compared to the common definition:

Legal definition:  

Definition of "jury of one's peers"

The constitutional right that ensures criminal defendants are tried by an impartial group from the same geographical jurisdiction, consisting of a broad representation of the population, irrespective of their race, national origin, and gender.   https://dictionary.justia.com/jury-of-ones-peers

Common definition:

peer /pîr/

noun
  1. A person who has equal standing with another or others, as in rank, class, or age.

    "children who are easily influenced by their peers."  American Heritage Dictionary

 ___________________

one that is of equal standing with another : EQUAL

The band mates welcomed the new member as a peer.

especially : one belonging to the same societal group especially based on age, grade, or status

teenagers spending time with their peers    Webster's Dictionary

So there you have it. The mythical protection of a "jury of your peers."  Good luck surviving a jury trial if you are an elderly conservative Christian Caucasian in a county comprised of young atheist or Muslim indigent illegal immigrant liberals.

Not ONE of Trump's jurors were in any manner an equal with regard to rank, class, age, or socio-economic status, intelligence or any other measure. Trump didn't have a chance in hell of a fair trial by his "jury of his peers."  There was not one real peer there.

1 comment:

  1. Brother Michael4:55 PM

    The concept was bastardized by a bunch of bastards. I have had few encounters with our legal system, yet I can cite several instances where judges, prosecutors and lawyers acted as bastards--even destroying a young man's life, where incriminating evidence was withheld resulting in sentencing the wrong young man in a murder case. Our legal system is as corrupt as a sewer pipe. The only reason we haven't had rioting resulting from the Trump verdict is because we reasonable conservatives realize nothing good can come of it...in the hope that somewhere along the line the corrupt system will be exposed (at great expense to the accused). Those of us with limited means (like in the case cited above) will go on living with the corrupt system as black--and white--accused have had to since the beginning of our country. What can be done about it? The story has not ended.

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