Teri Kanefield

Hi, Fediverse,

I have my weekend blog post ready. It's a fun one because I answered a question about juries and I wrote about the Zenger trial.

What? You've never heard of the Zenger trial?

It's here: https://terikanefield.com/juries-and-the-zenger-trial/

(if you get the error message, wait a minute and try again.)

Juries and the Zenger Trial - Teri Kanefield

Because I’ll be talking about the case of Crown v. Peter Zenger, you know this blog post will be fun. What? You’ve never heard of Peter Zenger? Well, read on. I ended last week’s post with this question: Because jurors can’t un-hear or un-see, how does having things stricken from the record work? The routine goes […]

Teri Kanefield
May 25, 2024 at 10:49pmWeb
Show threadStuart SwerdloffMay 25, 2024

@Teri_Kanefield
The quote from Blackstone appears to have an error in it (repeating the word *that*)

>The law holds that that ten guilty <
vs.
It is better that ten

Show threadTeri KanefieldMay 25, 2024
@sswerdloff Fixed it. Thanks.
Show threadJon Het.May 25, 2024
@sswerdloff @Teri_Kanefield Still loved the quote and sentiment.
Show threadStuart SwerdloffMay 25, 2024
@Teri_Kanefield
"I spent days weeks reading "...
days? weeks? weeks and days? 🙂
Show threadJamesAshburnerMay 25, 2024
@Teri_Kanefield Good work—concise and pithy.
Show threadJon Het.May 25, 2024
@Teri_Kanefield Wonderful. Thank you.
Show threadSean MurthyMay 25, 2024

@Teri_Kanefield Thanks for another informative post.

Must the Batson challenge be raised in response to a peremptory challenge at jury selection, or could it be raised after trial? I imagine only the former.

BTW the post might leave the impression that only the defense can raise Batson challenge, but I assume either side can raise it:

"If the prosecution is attempting to manipulate the racial composition of a jury, the defense lawyer raises a Batson challenge."

Show threadTeri KanefieldMay 26, 2024

@smurthys

I have never seen a prosecutor raise it. Mostly it's the defense.

Show threadSean MurthyMay 26, 2024
@Teri_Kanefield I understand. Though, as a matter of law, either side could raise a Batson challenge. 🙏🏽
Show threadTeri KanefieldMay 26, 2024

@smurthys Certainly either could.

Okaaaay I'll make that clear (but historically the proscutors were the Bad Guys here 😂 )

Show threadTeri KanefieldMay 26, 2024

@smurthys

Oh and the objection has to be raised at the time.

Show threadAnde JacobsonMay 26, 2024

@Teri_Kanefield: Good post - very clear and informative.

From the outside, it seems like the judge in the Manhattan trial is being extremely careful in his rulings to not give any grounds for appeal if at all possible. It will be fascinating to see how this all plays out, and how long the jury will deliberate. Until that's over, we just wait.

Show threadJonathan EmmesediMay 26, 2024

@Teri_Kanefield

Meanwhile, back in the old country...

https://www.theguardian.com/law/article/2024/may/15/trudi-warner-climate-activist-solicitor-general-appeal

Solicitor general to appeal over case of climate activist who held sign on jurors’ rights

Exclusive: Judge accused Robert Courts of ‘mischaracterising evidence’ against Trudi Warner

The Guardian
Show threadKennethMay 26, 2024
@Teri_Kanefield Yep. Juries are a black box, voir dires notwithstanding. E.g., "Have you (male) ever urinated outside?" "Have you (middle-aged female) received a Catholic education?
Show threadTawtovo (ܬܘܬܒܐ)May 26, 2024

@Teri_Kanefield
Interesting! Thank you for another informative post.

I'm particularly interested that you present jury nullification in a positive light, and I can see from your examples that it has been used positively. But I've been worrying about jurors (not just in NY) in Trump's personality cult who cannot be convinced that he did anything wrong, leading to a hung jury. I suppose unless a juror talks afterward it's impossible to know if other personality cults swayed juries historically.

Show threadTeri KanefieldMay 26, 2024
@tawtovo I presented it in a positive light because I know that people too often look at criminal law policies from the narrow viewpoint of how it effects Trump. Don't do that. It's how bad policies are made.
Show threadTawtovo (ܬܘܬܒܐ)May 26, 2024

@Teri_Kanefield
I agree! I very much appreciate your approach of asking how it affects other defendants as well.

I'm not proposing any policy about jury nullification (I suspect it would be very difficult to make any policy there which would not gut the power of jury trials), but just commenting that I also see the social costs of nullification.

But I suppose part of the point of the jury selection process is to attempt to exclude jurors who would refuse to consider evidence and law.

Show threadTeri KanefieldMay 26, 2024

@tawtovo You are still thinking of jury nullification policy in terns of the result you want to see in Trump's trial.

Suppose they are sitting a jury to accuse a woman you know of murder becuase she had a questionable miscarriage in a state that says abortion is murder.

"This will help someone I dislike" is not the way to evaluate a policy.

I am not saying jury nullification is good. I am saying it has served as a protection against a tyranniacl government.

Show threadTeri KanefieldMay 26, 2024

@tawtovo Adding: The point is generally to eliminate bias. They can also make sure the jurors will follow instructions. Jurors also take an oath.

Jury nullification happens generally when juries just can't, in good faith, apply the law.

It's always an imperfect process but looking for potential bias is generally the idea, which goes together, right? If someone is biased they are unlikely to apply the law.

Show threadTawtovo (ܬܘܬܒܐ)May 26, 2024
@Teri_Kanefield
Thank you for sharing your expertise with us! I benefit from your perspective.
Show threadBarry Schwartz 🫖May 26, 2024
@Teri_Kanefield Anyone who thinks there is an overwhelming pundit consensus hasn't even glanced at the pundit they have at FOX, who has had nothing interesting to say but declares it all a gigantic mistrial.
Show threadTim BrayMay 29, 2024
@Teri_Kanefield Just wanted to note that jury nullification is a fresh experience in the memories of many living Canadians. Canada used to have a pretty strict abortion law but this one guy, Henry Morgentaler, ran a public abortion clinic, they kept charging him, he kept advancing the defense of necessity, the judge would sternly lecture the lawyers and jurors that that defense was not available, and the jury would promptly acquit.
Show threadMark KristenssonMay 29, 2024
@timbray @Teri_Kanefield TIL! Seems like quite a mensch https://en.m.wikipedia.org/wiki/Henry_Morgentaler
Henry Morgentaler - Wikipedia