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Undisclosed

Bonus Episode – A Jury of His Peers

Undisclosed

mital

True Crime, News, Society & Culture

4.2 β€’ 10.3K Ratings

πŸ—“οΈ 17 September 2018

⏱️ 35 minutes

🧾️ Download transcript

Summary

September 17, 2018 / Colin explores the issue of jury impeachment by talking to the attorneys of a man given the death penalty because he is gay. Episode scoring music by Blue Dot Sessions, Patrick Cortes, and Chris Zabriskie. This episode was sponsored by Bombas, Calm and Scentbird. www.Bombas.com/Undisclosed and use code: UNDISCLOSED to get 20% off your first order. www.Calm.com/Undisclosed to get 25% off a Premium subscription. www.Scentbird.com/Undisclosed and use code UNDISCLOSED for 50% off your first month. #undisclosed

Transcript

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0:00.0

Did you know choosing the train can take up to 500 cars off the road? Just one train at a time.

0:07.0

One gig at a time, one last minute plan, one festival, one going then, why not at a time?

0:18.0

One train journey at a time can help create a greener future.

0:23.0

So when will you take your next trip? Find out more at nationalrail.co.uk for Witslash Greener.

0:30.0

In its landmark ruling in Tanner vs. United States, the Supreme Court held that after a turning

0:56.7

of verdict, jurors could not impeach or invalidate that verdict by taking the witness stand

1:01.7

and saying that jurors were getting drunk and getting high during the trial and jury deliberations.

1:06.7

Writing for the Court, just a Santerdale conner stated that there is little doubt that push

1:11.0

verdict investigation to germus conduct within some instances leads to the invalidation

1:15.8

of verdicts reached after a response to our improper juror behavior. It is not at all clear

1:20.5

however that the jury system could survive such efforts to perfect it.

1:24.7

A couple of years ago however, the Supreme Court revisited this issue when the rule against

1:28.0

jury impeachment butted up against the right to an impartial jury and specifically the right

1:33.1

to a jury free of racial bias. This issue is now been raised again due to a man who is

1:37.6

quite possibly given the death penalty due to the fact that he is gay.

1:41.7

And so the question now becomes, does it make sense to protect defendants from discrimination

1:46.1

based upon race, but not to protect defendants from discrimination based upon sexual orientation?

1:55.2

Hi, this is Colin Miller. I'm an associate dean and professor at the University of South Carolina

2:01.4

School of Law and I blog at Evidence Prof. Blog. This June you may have read the same intercept

2:06.1

article as me. It was by Jordan Smith and it was titled, jurors thought a gay man would enjoy prison.

2:11.9

They sent him to death row instead. Will the Supreme Court intervene? The answer to that question

2:16.8

was no and to understand it, we need to go all the way back to the 18th century. In 1785,

...

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