Sowell on Fixing the Jury System

Sowell on Fixing the Jury System

Thomas Sowell: Fixing the jury system

If we are serious about wanting justice in our courts, then we need to start getting serious about preventing witnesses and jurors from being intimidated. We might start by getting all cameras out of the courtroom.

There is no reason why the identity of the jurors has to be known by the media. The whole jury could be put behind one-way glass, so that they can see the proceedings but cannot be seen. It can be made a felony to publish their names.

The requirement for unanimous jury verdicts is long overdue for reconsideration. One pig-headed juror can cause not only a costly mistrial but also verdicts that do not reflect the seriousness of the crime. . . .

The time is also long overdue to reconsider the current practice of having jurors selected with vetoes by the lawyers in the case. When prospective jurors are given 30-page questionnaires made up by lawyers, asking intrusive questions about their personal lives and beliefs, the situation has gotten completely out of hand. . . .

Anonymous jurors, selected by lottery, and not restricted to unanimous verdicts, should be good enough for anyone in an inherently imperfect world. In such a system, cranks and ideologues would not have nearly the leverage that they do now.

There could also be professional jurors, trained in the law, for cases involving complex legal issues. That would cost more -- or rather, the cost would be visible in money, rather than hidden in the corruption of the legal system, the way it is now.