Evaluate the jury process and jury system

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Question

The trial is beginning of three men accused of killing a black jogger last year in broad daylight in the US state of Georgia.

Ahmaud Arbery was shot on February 23, 2020 during a confrontation with Gregory and Travis McMichael.

Gregory, 64, and Travis McMichael, 34, and William Bryan - a neighbor who filmed a video of the confrontation - were arrested in May last year. They each face nine charges, including murder and aggravated assault. They have pleaded not guilty.

On Wednesday, as attorneys moved to select the 12 jurors and four alternates. Linda Dunikoski, a special prosecutor from the Cobb County District Attorney's Office, challenged the defense's attempt to cut eight Black people as potential jurors. Ultimately, 11 potential Black jurors were cut.

Defense attorney Laura Hogue told the judge she could give "a race-neutral reason for any one of these" and said some had presented strong opinions about the case, including a juror who had written on her questionnaire that she believed Arbery was shot "due to his color" and felt the defendants were guilty.

Superior Court Judge Timothy Walmsley in Georgia acknowledged Wednesday there "appears to be intentional discrimination" when looking at how the jury of 11 white people and one Black person was selected.

While Walmsley conceded that "quite a few African American jurors were excused through peremptory strikes executed by the defense," he ultimately agreed that each of their removals had a "legitimate, nondiscriminatory, clear, reasonably specific and related reason."

While the seating of a nearly all-white jury will likely be discussed by observers during the trial, it does not appear to be in violation of the jury selection process, and Walmsley's approval is unlikely to lead to a mistrial or related appeals, legal experts following the case said.

Trial attorneys are allowed to reject potential jurors, known as peremptory challenges, and prosecutors and the defense can take turns eliminating people they don't like for virtually any reason. But they cannot strike a juror based solely on race, which the U.S. Supreme Court ruled unconstitutional in 1986 in Batson v. Kentucky.

Excerpts taken from BBC and NBC News

Question:

Examine and evaluate the jury process and jury system. There are many arguments for and against the jury system including the role of social status, the differences between trials decided by juries and judges, and the demand for reform.

Consider the facts given above in the trial of the three men accused of taking the life of Ahmaud Abery then write your opinion on the jury selected. Include whether you believe the jury selection process followed was fair and whether the jury chosen will reach a verdict (whether guilty or not) without prejudice.

Reference no: EM133941711

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