California gives non-citizens ability to serve on juries (Page 3)

Serabi
Serabi:

Prejudiced in that one specific statement - yes I am aware of it (which is why I mentioned it).

We are all shaped, to a certain extent by what goes on in our own countries and, as I am writing this, am listening to gunshots because some of our indigenous population (read black) is busy 'Exterminating' 'legal and illegal' aliens.

Xenophobic violence rules.

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one_two_x_u
one_two_x_u: Right, and if they would just chill the frick out and let them just be and live peacefully amongst you all you wouldn't have to listen to gunshots.
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Serabi
Serabi:

Do you imply that I endorse this barberism?

We have about 17 legal aliens sitting behind our house hiding!!!! (Malawians and a Somali guy)

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Serabi
Serabi:

Lets just keep this about the original topic. Our problems are addressed elsewhere.

Sorry OCD_OCD!

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Wild__
Wild__: I'm prejudice against stupid people and politicians.

And yes, I am aware that's a redundancy.
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OCD_OCD
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davesdatahut
davesdatahut: Politics and personal views aside, it's an interesting legal question. The Constitution guarantees a trial by a jury of one's peers. But does it state that these peers must be citizens? Or is that inferred? Is there an actual provision in the Constitution that says only citizens can be jurors?
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OCD_OCD
OCD_OCD: Federal Jury Qualifcations:

http://www.law.cornell.edu/uscode/text/28/1865

USC › Title 28 › Part V › Chapter 121 › § 1865
28 USC § 1865 - Qualifications for jury service

USCPrelim is a preliminary release and may be subject to further revision before it is released again as a final version.

Current through Pub. L. 113-99. (See Public Laws for the current Congress.)

(a) The chief judge of the district court, or such other district court judge as the plan may provide, on his initiative or upon recommendation of the clerk or jury commission, or the clerk under supervision of the court if the court’s jury selection plan so authorizes, shall determine solely on the basis of information provided on the juror qualification form and other competent evidence whether a person is unqualified for, or exempt, or to be excused from jury service. The clerk shall enter such determination in the space provided on the juror qualification form and in any alphabetical list of names drawn from the master jury wheel. If a person did not appear in response to a summons, such fact shall be noted on said list.
(b) In making such determination the chief judge of the district court, or such other district court judge as the plan may provide, or the clerk if the court’s jury selection plan so provides, shall deem any person qualified to serve on grand and petit juries in the district court unless he—
(1) is not a citizen of the United States eighteen years old who has resided for a period of one year within the judicial district;
(2) is unable to read, write, and understand the English language with a degree of proficiency sufficient to fill out satisfactorily the juror qualification form;
(3) is unable to speak the English language;
(4) is incapable, by reason of mental or physical infirmity, to render satisfactory jury service; or
(5) has a charge pending against him for the commission of, or has been convicted in a State or Federal court of record of, a crime punishable by imprisonment for more than one year and his civil rights have not been restored.
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davesdatahut
davesdatahut: So if a non-citizen can speak the language, isn't a criminal, isn't wacko and has lived in the country for more than a year, can they serve on a jury? And what about state or local juries?
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OCD_OCD
OCD_OCD: State laws have some variances from state to state from what I can tell. Not much, but some. Mostly it is in the size of the jury empaneled. Some work with six, some require 12 jurors.

No, because the first requirement is that you have to be a citizen. People holding green cards or temporary residency aren't legal citizens. They are allowed to stay, but do not have citizenship. People who are here illegally aren't even close.
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davesdatahut
davesdatahut: I'm not seeing anything about a requirement for citizenship to serve on a jury. Where is that clause?
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OCD_OCD
OCD_OCD: (b) In making such determination the chief judge of the district court, or such other district court judge as the plan may provide, or the clerk if the court’s jury selection plan so provides, shall deem any person qualified to serve on grand and petit juries in the district court unless he—
(1) is not a citizen of the United States eighteen years old who has resided for a period of one year within the judicial district;
(Edited by OCD_OCD)
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Chad_
Chad_: dave what dont you not understand?

(1) is not a citizen of the United States eighteen years old who has resided for a period of one year within the judicial district
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Chad_
Chad_: seems like jury tampering would be very easy with a few of the people commenting on this topic
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dave3974
dave3974: i would be open to large bribes only
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Chad_
Chad_: dave3974 ..............................good one
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davesdatahut
davesdatahut: Ok, I was misreading that as saying it would exclude only a non-citizen who has lived in a given judicial district less than a year. It will be interesting to see if the legislation is actually passed into law (dunno the politics enough to know if it will pass through the legislature and end up on the governor's desk), and then if it passes muster in the courts. It seems as if states can pass their own laws on this, which would likely appeal to state's right conservatives on the Supreme Court and possibly some liberal justices as well.
(Edited by davesdatahut)
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OCD_OCD
OCD_OCD: There's another hurdle yet. It passed the California assembly, but it still has to pass their state senate and get signed by their Governor.
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OCD_OCD
OCD_OCD: There is issue with the Bill of Rights:

The Sixth Amendment rights associated with trial proceedings -- the right to a speedy trial, the right to a public trial and the right to be judged by a jury of one's peers -- are so bound together by circumstance and tradition that it is almost inconceivable to separate them. Still, each of these parallel rights has developed in its own manner through the centuries.

The right of a person to be tried by a jury of one's peers is traditionally founded on a provision contained in Chapter 29 of that great document of English law, the Magna Carta. That provision, written in 1225, states: "No freeman shall be taken or imprisoned, or be outlawed, or exiled, or any other wise destroyed; nor will we not pass upon him, nor (condemn him), but by lawful judgment of his own peers, or by the law of the land."

Subsequent generations -- including the authors of the Bill of Rights -- came to regard this provision as one of the principal legal guarantees of liberty under the common law. This belief came on the basis that the clause not only provided for a formal trial for any alleged wrongdoer instead of arbitrary judgment and summary execution, but also on the basis that it provided for trial by jury. They felt the phrase " . . . but by lawful judgment of his peers" ensured a fair trial and provided a safeguard against unwarranted interference with the rights and liberties of the subject.

Congress, in discussing policy regarding jury service, said: "It is the policy of the United States that all litigants in federal courts entitled to trial by jury shall have the right to grand and petit juries selected at random from a fair cross-section of the community in the district or division wherein the court convenes. It is also the policy of the United States that all citizens shall have the opportunity to be considered for service on grand and petit juries in the district courts of the United States, and shall have an obligation to serve as jurors when called for that purpose."

....


http://members.mobar.org/civics/jury%20of%20peers.htm
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Beautiful_Rose_
Beautiful_Rose_: I have never once been to Calif lol I have been to Fl and IL or Ohio but never calif or new york! But before I leave this world there is six states I love to see one is Calif,New York,Fl again cause when I was there I was 12 yrs old last two states i like to see is London and Paris!
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davesdatahut
davesdatahut: I'm not sure how that connects to the thread here, but the lights are always on here in New York. Give us a visit. It's a pretty cool place.
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one_two_x_u
one_two_x_u: The crazy thing is that you are so wrapped up in following the constitution rather than realising that there is nothing wrong with allowing non-citizens on a jury.

This is just ridiculous really. Someone is so proud of something so superficial that they are blinded from logic and rational thinking.

Get over it. It's a list of rules. And rules should be broken when they make no logical sense.
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Wild__
Wild__: Logical sense to whom? Shall we have a new set of rules with every new president?
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OCD_OCD
OCD_OCD: LOL one_two. Spoken like a true global citizen. Problem is, what you want is Utopia and it doesn't exist and never will.
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Chad_
Chad_: one_two you want fansty island ................................that TV show ended a long time ago........

What are you like 5 years old grow up ......every country has laws .........you dont just make them up as you go along.........................I wish there was world peace good luck with that
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