Terrible Idea: Let Non-Citizens Serve On Juries
Ben Boychuk writes at City Journal:
In California, a Fremont Democrat is pushing a bill that would extend eligibility for jury duty to noncitizens--not on the theory that misery loves company but in the belief that serving on a panel of jurors is an excellent way to assimilate immigrants into American society. It's a bad idea backed by flimsy reasoning, but one that so far has faced no effective opposition in the state legislature. Bob Wieckowski's Assembly Bill 1401 passed the assembly last month and is now winding through committee in the state senate....The problem with putting noncitizens on juries is that it essentially puts the cart before the horse. Jury service should not be a "learning experience" or an "experiment," but rather an exercise of solemn responsibility by fully integrated citizens. Thomas Jefferson made the most compelling argument against schemes such as Wieckowski's in Notes on the State of Virginia. It takes a long time, Jefferson said, to acquire the habits and manners of a free citizen--and to relinquish those acquired under corrupt or tyrannical governments.







I'm all for immigrants serving on juries... once they become citizens.
NicoleK at May 23, 2013 12:32 AM
I see this making it's way to NY soon. This sounds just like the kind of idea that ol' Bloomy would go for.
Sabrina at May 23, 2013 6:23 AM
Picture this:
The immigrant from some Muslim shit hole that has been here six month gets tapped to serve on the jury for a woman driver who was mildly drunk when she was rear-ended. What are the odds of a good outcome?
Definitely a bad idea.
Jim P. at May 23, 2013 6:44 AM
Wondering if this has anything to do with the illegal voting problem. Have heard that jury notices are getting, " can't serve not a citizen" replies in areas where the main if not only way to get on the jury rolls is to vote in an election.
Joe J at May 23, 2013 7:25 AM
I think allowing permanent residents onto juries isn't a very big problem really, though it's not on my top 1000 issues as far as importance.
In fact, if I were being tried for a crime where the state was being overbearing and absurd, I would want as many LPRs* on my jury as possible. They generally have recent and powerful experience with the absurdity and cruelty of government meddling and regulation.
*LPR = lawful permanent resident = green card holder.
Peter H. at May 23, 2013 8:21 AM
This is a great way to encourage civic engagement. Just give either side the opportunity to object to including non-citizens in the venire (the particular pool for the particular trial).
Most jurors who go all the way to verdict say the experience is a positive one and increases their respect for the justice system. This is an experience we want non-citizens to have to feel more connected to broader American society.
SJN at May 23, 2013 8:44 AM
I was always pleased to be able to return my jury duty notice with a permanent resident not citizen exemption...even if I became a citizen, I'd never end up selected...psychologists with backgrounds in criminal psych are the last ones anyone wants on jury. :-)
Catherine Salmon at May 23, 2013 9:37 AM
If somebody is a citizen of one country, they shouldn't be on criminal juries in another. This is including lawful and permanent residents. Why? Because jury duty is part of the "rights and responsibilities" of citizenry. Rights go along with responsibility - and we shouldn't separate the two.
But, let's take this to another jurisdiction. Should residents of California who are, say, spending a year studying in New York serve on juries in New York?
One of the rights we have is to a trial with a jury of our peers. This means, among other things, we can't be hauled off to another state where people feel very differently than they generally do in the one we live in (say, schlepping liberals off to conservative areas, etc.). Carting in jurors from other areas is no different from carting the accused to another location.
Of greater importance perhaps is the fact that the laws are different. Of course, no citizen who isn't paid to be an expert in the insanity of our legal codes should know the details, but generally people have a knowledge of some basic items. For instance, I remember when it was made illegal in Illinois to drive with windshield wipers on and no headlights on. That might be considered negligent or dangerous in an area where this had been a big public debate, but inconsequential in another. So, if there's a car accident in the rain, people from different areas will weigh the headlights being on/off differently.
Back to rights & responsibilities... when I was called to jury duty as a grad student, I had MANY people try to instruct me on how to get out of it. I could get an exemption for being in school & serve later (I knew I was moving out of that jurisdiction in 2 months anyway). Most people seemed baffled that I wouldn't consider it. I was called for jury duty, and it was my DUTY to go, if possible. When I was an undergrad I was called in my home state. I couldn't reasonably go & got the exemption. I spent a week out of classes, and served on the jury. It was painfully obvious from sitting in the jury pool that highly educated & working people were under-represented, by the way.
Shannon M. Howell at May 23, 2013 12:15 PM
That would be great if you knew most of the LPR were coming from oppressive countries like Zimbabwe, Cuba, Venezuela, etc.
But there are the Minneapolis taxi drivers that won't drive you home if you are carrying alcohol with you. Do you want them on your jury where you went into self defense for shooting someone entering your house after you drank that night?
Jim P. at May 24, 2013 7:42 PM
Leave a comment