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"Indeed, the rage of theorists to make constitutions a vehicle for the conveyance of their own crude, and visionary aphorisms of government, requires to be guarded against with the most unceasing vigilance."
     -- Joseph Story
     Commentaries on the Constitution of the United States
     Book III, § 1857.
 

Saturday, November 29, 2003

Fox News on jury tampering.

This article leaves out the worst kind of jury tampering: The deliberate misuse of voir dire, with the connivance of the court. Neither side to a dispute has any right to the shape of a panel, other than that none of the jurors seated should have any prior bias, one way or the other, as to either of the parties. That is not, though, what modern courts have made of things; to hear the courts tell it now, jurors are not allowed to have any prior knowledge that might inform, in the remotest degree, their understanding of any evidence presented. Which covers a large part of why the courts are in bad shape, and getting steadily worse.

-- posted by Clayton 11/29/2003 05:38:00 PM


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