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A Legal Quest Against the Death Penalty (NYT)
But after excusing the woman, Judge Rakoff told the lawyers, "I think the Supreme Court has got this whole process completely wrong." He called the woman thoughtful and conscientious, and said that in any other criminal case, she and others like her - who could favor the death penalty - were the kind of people who should be on a jury. "They come together, they reason together, they often change their mind or modify their views," he said. "They take very seriously, in my experience, the court's instructions, put aside th eir views and decide a case on the law."
It was bizarre, almost misguided, that in a death penalty case, such people had to be disqualified, he suggested. "In a matter as serious as this," he said, "I just think that it is a filthy business."
But later that day, when defense lawyers questioned the process on the ground that a disproportionate number of people who said they were opposed to the death penalty were being disqualified, skewing the jury pool, Judge Rakoff sided with the prosecution.
"I made no bones about the fact that I think the entire process is flawed," he said. "But it's the law of the land," he added, "and I'm following it as best I can."
Link
But after excusing the woman, Judge Rakoff told the lawyers, "I think the Supreme Court has got this whole process completely wrong." He called the woman thoughtful and conscientious, and said that in any other criminal case, she and others like her - who could favor the death penalty - were the kind of people who should be on a jury. "They come together, they reason together, they often change their mind or modify their views," he said. "They take very seriously, in my experience, the court's instructions, put aside th eir views and decide a case on the law."
It was bizarre, almost misguided, that in a death penalty case, such people had to be disqualified, he suggested. "In a matter as serious as this," he said, "I just think that it is a filthy business."
But later that day, when defense lawyers questioned the process on the ground that a disproportionate number of people who said they were opposed to the death penalty were being disqualified, skewing the jury pool, Judge Rakoff sided with the prosecution.
"I made no bones about the fact that I think the entire process is flawed," he said. "But it's the law of the land," he added, "and I'm following it as best I can."
Link