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Can the defendant insist on a jury trial if some of the evidence is classified? What happens then?
by kabdib 10y ago
Can the defendant insist on a jury trial if some of the evidence is classified? What happens then?
- burfog 10y agoThere really shouldn't be any trouble finding people with security clearances to be on the jury. If anything, this is a far superior "jury of peers". It's people who do the same sort of work.
- JoshTriplett 10y ago> It's people who do the same sort of work. Exactly the problem. "People with security clearances" seems like a set of people more likely on average to favor the government point of view, to the point that a defense attorney that allowed twelve people with security clearances to form a jury has utterly failed at voir dire.
- burfog 10y agoIn general, yes, they might favor the government point of view. In this case however, they'd be asked to judge one of their own. ("that could be me") That balances things off pretty well. For sure, it's a more caring and accurate group of people than the usual collection of students, old ladies, and unemployed people. It'd work fine.
- brokenmachine 10y agoThat's the first time I've ever heard of a bunch of FBI spooks being described as "caring and accurate".