Should we have blue ribbon juries and judges for trying cases that relate to really tough issues such as scientific or genetic questions, or issues like GMOs, or does that violate the trial by your peers idea?

1 Answer

Answer :

Fun fact: nothing in the US Constitution guarantees you a trial by your peers. The idea is a holdover from British common law and originally protected lords from being tried by commoners (though it also protected commoners from being tried by lords). The idea that we have a right to be tried by a jury of our peers did not obtain the force of law in the United States until the Supreme Court decided Strauder v. West Virginia in 1880. Even then, however, the principle was based on the Sixth Amendment guarantee to an impartial jury, and cases that have cited Strauder as a precedent have only done so when a jury’s composition suggested bias. Nothing in US law, then, prohibits people from counting as peers just because they are experts. What matters is only their ability to meet the constitutional requirement of impartiality.

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