California Moves to Ditch Citizenship Requirement for Jury Duty

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Better = wider pool. The point of the jury is to have a diverse group of opinions in order to eliminate biases and to look at the issue from as many angles as possible in order to get closest to the truth, which is why demographics are strongly factored into whether someone actually makes it to jury or not after they are chosen to be interviewed, so anything that contributes to that diversity is good. If the accused or the victim of a crime are immigrants, having one immigrant on the panel might be a sensible decision, depending on the context.

And no, a person could not walk off the boat and get on jury duty the next day. You'd need valid identification from the State, first, since jury pools are chosen through DMV records.

Secondly, most Americans are completely unfamiliar with the laws they have to deliberate over when chosen for jury duty. The specifics of constitutional and criminal law are not requirements in schools, nor are they taught to most Americans, so using that as a requirement would not focus on whether someone was an immigrant or not- just on people who know the law or don't (though it's currently not part of the criteria at all.) The jury only learns the specifics of those laws in the initial stages of the case. There's no reason someone who was an immigrant wouldn't be able to grasp that information, providing they spoke English, any worse than the average American.

Additionally, most immigrants who are on the citizenship path often learn more about the constitution than people who are born here, because the citizenship test actually involves that kind of information. Again though, that's neither here nor there for criminal law cases.

Finally, being selected for jury duty does not mean you'll make it to the jury. You do know there is an interview process first, that involves both the prosecution and the defense, right? :rudy:@ thinking random, illiterate, ignorant immigrants will be sought out by lawyers.

Shut. . . Up.
 

concise

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I see The Real basically made every point I was going to make.


LOL at the opposition only being "OMG! Foreigners!!!" :heh:
 

The Real

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Shut. . . Up.

:umad:

You don't know shyt about this subject, though. Sit down and educate yourself, then come back when you have an argument and not a kneejerk, emotional response.

People associating this policy with liberals are idiots. It has nothing to do with political affiliation. The Republicans will obviously try and make it out to be that way because xenophobia works for them, just as liberals will in the name of inclusivity, which works for them. Neither of those has anything to do with why this is a reasonable decision, hence why I didn't mention them at all.

i sure our justice system will improve if we had more people like Zubeidat "my baby aint hurt nobody" Tsarnaeva in the jury pool

Those people are already prevented from being selected, immigrant or not. Do you people really not know anything about the selection process? Have none of you served on a jury before? :mindblown:
 

theworldismine13

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Better = wider pool. The point of the jury is to have a diverse group of opinions in order to eliminate biases and to look at the issue from as many angles as possible in order to get closest to the truth, which is why demographics are strongly factored into whether someone actually makes it to jury or not after they are chosen to be interviewed, so anything that contributes to that diversity is good. If the accused or the victim of a crime are immigrants, having one immigrant on the panel might be a sensible decision, depending on the context. Regardless, though, there's nothing inherent to being an immigrant that disqualifies one from competence as a juror, so on that basis alone, it's justified.

first of all that is a lie, the point of jury is not have a "diverse group of opinions to eliminate biases" where the fuk did you get that from, if that is your opinion thats fine but that isnt the point of jury, the point of a jury is that you should be judged by your peers

dont confuse your opinion with legal proceedings, diversity is not a legal criteria for juries, in fact there is very little control over who ends up in juries unless there is some blatant conflict of interest

And no, a person could not walk off the boat and get on jury duty the next day. You'd need valid identification from the State, first, since jury pools are chosen through DMV records.

i know that, and the minute you land in america legally, you can go straight to the DMV and get your license the next day, so actually you can walk of the boat and into a jury

Secondly, most Americans are completely unfamiliar with the laws they have to deliberate over when chosen for jury duty. The specifics of constitutional and criminal law are not requirements in schools, nor are they taught to most Americans, so using that as a requirement would not focus on whether someone was an immigrant or not- just on people who know the law or don't (though it's currently not part of the criteria at all.) The jury only learns the specifics of those laws in the initial stages of the case. There's no reason someone who was an immigrant wouldn't be able to grasp that information, providing they spoke English, any worse than the average American.

its not about specifics, it about the general concepts of american law, like innocent until proven guilty, freedom of speech and separation of church and state

in a lot of places those basic concepts are not accepted or normal, so an american citizen is more likely to have and understanding of the basic tenets of american law than an immigrant

there is a very good reason to think that an immigrants is not as familiar with american culture and basic american society as an american citizen

Additionally, most immigrants who are on the citizenship path often learn more about the constitution than people who are born here, because the citizenship test actually involves that kind of information. Again though, that's neither here nor there for criminal law cases.

im not really sure what this is suppose to mean, there are immigrants that cant read and are illiterate, so what is your point?

im sure there are immigrants that are more than qualified to serve in a jury pool, that is not the point, the point is why would you expand the pool to people who by definition are not familiar with american culture

Finally, being selected for jury duty does not mean you'll make it to the jury. You do know there is an interview process first, that involves both the prosecution and the defense, right? :rudy:@ thinking random, illiterate, ignorant immigrants will be sought out by lawyers.

which brings up the point, what problem are you or they trying to solve with this legislation
 

The Real

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first of all that is a lie, the point of jury is not have a "diverse group of opinions to eliminate biases" where the fuk did you get that from, if that is your opinion thats fine but that isnt the point of jury, the point of a jury is that you should be judged by your peers

No offense, but this is completely untrue. The jury selection process is meant to eliminate biases, which is why certain trials, like the Rodney King cop trials, were so heavily criticized- their juries were all white and wealthy suburbanites who sympathized heavily with the police. Just look at the questions you're asked during the Voir Dire- they question all your biases relevant to the case. In cases like the aforementioned, there is corruption at work and people get through, but the system, in intention, is meant to prevent that. However, seeing as the system does not prevent that, and actually discriminates against people of color, poor people, etc, we have yet another reason to include immigrants as a way to counter that empirical bias.

Secondly, synopticism is an inherent part of the jury. Diversity of opinion is part of both the judge system (as in the case of the Supreme Court, where there is an odd number of judges for that very reason,) or in jury pools, which is why lawyers are allowed to argue over the selection of jurors. The primary goal of the jury is to render an impartial verdict- see the Impartiality clause of the 6th Amendment in the Constitution.

Finally, immigrants commit and are the victims of crimes, too, as anti-immigrant types love to note, so the peer argument similarly does not disqualify anyone in general.

dont confuse your opinion with legal proceedings, diversity is not a legal criteria for juries, in fact there is very little control over who ends up in juries unless there is some blatant conflict of interest

See above.

i know that, and the minute you land in america legally, you can go straight to the DMV and get your license the next day, so actually you can walk of the boat and into a jury

Again, not true. I edited my earlier post to include this info, but I guess I wasn't fast enough. You can get an ID with a temporary residence card, after you've applied for one from the government, but the temporary residence card means you're not counted as a lawful immigant, just as a visitor. The article specifically states that only lawful immigrants will be chosen. In order to be a lawful immigrant and apply for a DMV ID of any kind, you need at least a Green Card, meaning you've been here for several years already (the minimum appears to be 6-7, since you can apply after living here for 5 years, but is around 10 for most actual cases) and are probably on the citizenship path... even in California. See here: "An applicant who is an immigrant to the U.S. may provide a U.S. citizen naturalization or citizenship document, or a Permanent Resident Card."
http://www.dmv.ca.gov/pubs/brochures/fast_facts/ffdl32.htm


in a lot of places those basic concepts are not accepted or normal, so an american citizen is more likely to have and understanding of the basic tenets of american law than an immigrant

there is a very good reason to think that an immigrants is not as familiar with american culture and basic american society as an american citizen

Sure, but not a reason big enough to warrant disqualification of immigrants in general. Again, this is what the jury selection process is for. Lawyers weed out people who they don't think will be able to deal with the case in a competant manner. Secondly, like I said before, all immigrants who get selected to report will have Green Cards already, which means most will be on the citizenship path, which means they will have started learning about the constitution, since it's part of the citizenship tests. If you want to discriminate based on who knows the law and who doesn't, that's fine, but it's not currently a requirement to know any specific degree of law, nor would such an imaginary requirement disqualify immigrants as a whole. The vast majority of law-learning with respect to a jury happens during the case, no matter who's on the jury.

In fact, since the system already discriminates against minorities, they'd be harsher on immigrants for that same reason, so ironically, your point has even less force as a result.

which brings up the point, what problem are you or they trying to solve with this legislation

The problems we are (or should be) trying to solve, summed up, are:

1. The problem of the bias of the jury in the courtroom, which can always be improved and fine-tuned further, which is less a problem that needs solving than a general improvement that can be made at no cost.

2. The proven bias of the jury system against minorities of all kinds, which is a real problem as it runs against the purpose of the jury and impairs proper criminal justice.
 

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Being a "lawfully present immigrant" is not the same as being a citizen so I don't see why somebody who is not one should have to perform that civic duty.
 

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"You are not required to be a citizen to participate in the judicial process as a party, as a witness, to work for the courts or even be a judge,"

WlnYrF6.gif
 

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Takerstani

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Why does this not surprise me, considering the location?
 

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does twimy ever know what he's talking about, seriously?
 

alybaba

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Being a "lawfully present immigrant" is not the same as being a citizen so I don't see why somebody who is not one should have to perform that civic duty.

This is one legitimate argument against jury duty for non-citizens, but on the flipside, if one wishes to truly have a jury of his peers, then participating in the judicial system as a juror is step one.
 

theworldismine13

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No offense, but this is completely untrue. The jury selection process is meant to eliminate biases, which is why certain trials, like the Rodney King cop trials, were so heavily criticized- their juries were all white and wealthy suburbanites who sympathized heavily with the police. Just look at the questions you're asked during the Voir Dire- they question all your biases relevant to the case.

the jury selection process is meant to eliminate biases or conflicts of interest, but the point of a jury is that you are to be judged by your peers and that you are not judged by simply one person, the logic is that either party has to convince one more than one person

the rodney king trial were criticized but legally speaking there is nothing that could be done about it because it was the cops under trial not rodney king and to show that there was something illegal you would have to show that certain groups were excluded from the jury selection process

In cases like the aforementioned, there is corruption at work and people get through, but the system, in intention, is meant to prevent that. However, seeing as the system does not prevent that, and actually discriminates against people of color, poor people, etc, we have yet another reason to include immigrants as a way to counter that empirical bias.

there is no logical reason to think that immigrants are free of bias against people of color or poor people, that is something that you are making up and shows what a delusional person you are
Secondly, synopticism is an inherent part of the jury. Diversity of opinion is part of both the judge system (as in the case of the Supreme Court, where there is an odd number of judges for that very reason,) or in jury pools, which is why lawyers are allowed to argue over the selection of jurors. The primary goal of the jury is to render an impartial verdict- see the Impartiality clause of the 6th Amendment in the Constitution.

synopticism would include knowledge of american culture and tradition, so that concept would exclude immigrants from the process

and i think this is why you have to separate what the purpose of a jury is and what the purpose of jury selection is because you are conflating the two

the purpose of the jury selection is two eliminate obvious conflicts and biases, but the purpose of the jury is to judged by your peers, so by definition immigrants would have to be excluded because they lack knowledge of american culture and tradition and they are not your peers

Again, not true. I edited my earlier post to include this info, but I guess I wasn't fast enough. You can get an ID with a temporary residence card, after you've applied for one from the government, but the temporary residence card means you're not counted as a lawful immigant, just as a visitor. The article specifically states that only lawful immigrants will be chosen. In order to be a lawful immigrant and apply for a DMV ID of any kind, you need at least a Green Card, meaning you've been here for several years already (the minimum appears to be 6-7, since you can apply after living here for 5 years, but is around 10 for most actual cases) and are probably on the citizenship path... even in California. See here: "An applicant who is an immigrant to the U.S. may provide a U.S. citizen naturalization or citizenship document, or a Permanent Resident Card."
http://www.dmv.ca.gov/pubs/brochures...cts/ffdl32.htm

you dont know what you are talking about, you have it backwards, you need a green card to come into the united states in the first place, you do not get a green card after several years, you get it when you come in

for example if i marry a foreign chick, i apply for a green card for her, the moment she gets here she has a green card already, if she doesnt have a green card, she cant get into the country, so the minute she steps off the plane she can go to the dmv and get a license and under this proposal she can be a juror the next day

a temporary residence card would not exclude you from being a lawful immigrant, its the opposite, temporary workers are lawful immigrants, if you are here legally you are entitled to a license and that includes guest workers and h1b workers, so this proposal would have temporary workers IT workers from india and farm labor from mexico on jury duty

and BTW this is the whole quote from the dmv site
If the applicant was born in the U.S., he/she may provide a U.S. birth certificate or passport. An applicant who is an immigrant to the U.S. may provide a U.S. citizen naturalization or citizenship document, or a Permanent Resident Card. Applicants who are non-immigrants, but are authorized to be in the U.S. may present a Temporary Resident Identification card or other temporary resident documentation.

Sure, but not a reason big enough to warrant disqualification of immigrants in general. Again, this is what the jury selection process is for. Lawyers weed out people who they don't think will be able to deal with the case in a competant manner. Secondly, like I said before, all immigrants who get selected to report will have Green Cards already, which means most will be on the citizenship path, which means they will have started learning about the constitution, since it's part of the citizenship tests. If you want to discriminate based on who knows the law and who doesn't, that's fine, but it's not currently a requirement to know any specific degree of law, nor would such an imaginary requirement disqualify immigrants as a whole. The vast majority of law-learning with respect to a jury happens during the case, no matter who's on the jury.

i wasnt discriminating against those who know the law or not, i'm discriminating against non citizens for cultural reasons

In fact, since the system already discriminates against minorities, they'd be harsher on immigrants for that same reason, so ironically, your point has even less force as a result.

well since you bring up race and discrimination, lets talk about how race and discrimination plays out in places like india and mexico, what logical reason do you have to think that a person from mexico or india would discriminate less against african americans? why would a person that comes from a culture with a caste system be a better juror? why would a person from a culture like mexico that puts whites at the top and native americans in the bottom be a better juror?

and lets be real about what's going on, the proposal is being put out by mexican american legislators to increase mexican influence in the us, that is all thats going on here, and liberal are lapping it up because in their minds only white people can be racist, apparently mexicans, chinese and indians cant be racist

this is just another corny attempt to turn california from a white power structure to a mexican power structure, any black person that gets down with this because the believe "minorities" are less racist is retarded

this is another example of why black people need to separate ourselves from liberals

1. The problem of the bias of the jury in the courtroom, which can always be improved and fine-tuned further, which is less a problem that needs solving than a general improvement that can be made at no cost.

this is absolute complete bullshyt, there is no logical reason to think that adding immigrants would create less bias against minorities

and there is every reason to think that immigrants are not familiar with fundamental america concepts like freedom of speech, civil rights, and separation of church and state

and adding immigrants to the jury pool would simply introduce biases and beliefs from foreign sources

2. The proven bias of the jury system against minorities of all kinds, which is a real problem as it runs against the purpose of the jury and impairs proper criminal justice.

immigrants are just as racist as white people, you're an idiot if you believe otherwise
 
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