Posted by
Defend America on Friday, May 29, 2009 2:13:24 PM
Forget whether she qualifies as a "racist." Would Judge Sotomayor qualifiy as a juror? [Andy McCarthy]
In
every trial — every single trial — judges solemnly instruct American
citizens who are compelled to perform jury duty that they will have a
sworn obligation to decide cases objectively — without fear or favor.
If a person is unwilling or unable to do that, if the person believes
he or she has a bias or prejudice, especially one based on a belief
that people are inferior or superior due to such factors as race,
ethnicity, or sex, the person is not qualified to be a juror. Indeed,
prospective jurors are told that they are not qualified if they harbor
even the slightest doubt about their ability to put such considerations
aside and render an impartial verdict. If the judge or the lawyer for
either side senses bias, the juror is excused "for cause" — the parties
are not even required to use their discretionary (or "peremptory") jury
challenges to strike such a juror; rather the judge makes a finding
that the juror is not fit to serve.
Would Judge Sotomayor be qualified to serve as a juror?
Let's say she forthrightly explained to the court during the voir dire
(the jury-selection phase of a case) that she believed a wise Latina
makes better judgments than a white male; that she doubts it is
actually possible to "transcend [one's] personal sympathies and
prejudices and aspire to achieve a greater degree of fairness and
integrity based on the reason of law"; and that there are "basic
differences" in the way people "of color" exercise "logic and
reasoning." If, upon hearing that, would it not be reasonable for a
lawyer for one (or both) of the parties to ask the court to excuse her
for cause? Would it not be incumbent on the court to grant that request?
http://corner.nationalreview.com/post/?q=NWRkYThkNDUzN2ZhOTUwOTEyMjIyZGQ2MjcxMzBmMDY=