Wednesday, June 12, 2013

Jury Selection And How It Evolved

The ordinary citizens who will decide if George Zimmerman is guilty or innocent face a battery of questions from the prosecution and the defense. Mr. Zimmerman, charged with murdering Trayvon Martin in a case that swings on a controversial self-defense law in Florida, will be judged by a jury of his peers. Those peers must demonstrate that they are neutral, have no set opinion about the highly publicized case, and swear to listen to the testimony before reaching a decision.


It's the system that has evolved, but there was a time when a defendant in a high-profile case was judged by a jury comprised of those determined to convict no matter what was said in court.

Go back to 1889, when Chicago police detective Daniel Coughlin was arrested on a charge of murder in a case that riveted the nation.

The prosecutors thought nothing of packing the jury with men whose minds were made up, their opinions based entirely on press coverage that provided a platform for Coughlin's enemies. It was the norm, and had been done previously to convict the Anarchists who dared to speak out for an eight-hour workday. The trial that followed the Haymarket Riot was seen as an achievement for justice, with four men hanged for killing policemen when they had nothing to do with the killing.

The jury was packed again when Daniel Coughlin stood trial for murder, but his Irish-American colleagues were also investing Chicago political circles, extending the reach of the Irish immigrant into the government of the State of Illinois. The method of choosing jurors came under fire when one of their own was on trial, and so they legislated fairness.

To read THE KING OF THE IRISH is to witness the evolution of the jury selection process, as a case of blatant injustice based on bigotry and fueled by political intrigue led to marked changes in the way that a jury is impanelled.

There was a time when a man could be sentenced to hang because his political beliefs did not match those of the prosecutor and the judge. Expect the potential jurors in Florida to be asked all about their attitudes towards guns, self-defense, and vigilantes. Almost 125 years after Daniel Coughlin's conviction, the system has evolved, to reinforce the concept of innocence before guilt is proven in a court of law.

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