Most people assume that you have a constitutional right to a “jury of your peers”, but no such right exists in the law or reality. The phrase does not appear anywhere in the text of the Constitution or the Bill of Rights. In the debates over the new Constitution, there was no use of this phrase. Like the phrase, “separation of church and state”, it is one of those ideas that snuck in long after the Constitution was adopted and people have come to accept it is a real thing that exists in the law,
The Constitution is rather vague on the matter of juries. Article II states that “the trial of all crimes, except in cases of impeachment, shall be by jury” but that is a far cry from requiring a “jury of your peers.” The closest it gets is the 6th Amendment which begins with, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed.”
What the Constitution tells us about juries and jury trials is that they need to be speedy, local and impartial. Otherwise, it is up to the states and localities to sort out the mechanics of the trial and the nature of juries. The Framers could have been more specific but they either assumed it was not necessary, given the customs of the age, which had been handed down over many generations, or they thought it best for states and localities to work out the details.
In the 18th century, no one could have imagined a jury drawn from vagrants, imbeciles and lunatics, so there would have been no need to provide against it. Juries were composed of respectable people, almost always men. Since crimes were all state crimes, it made sense to defer to the states on the process. By the time the Constitution was adopted, every state had a court system, and they were generally modeled on the English system for obvious reasons.
This is one of the many flaws in the Constitution. It was created by men who lacked the imagination to provide for the rise of a universal and timeless moral code that included men pretending to be women and drug addicts having an unquestioned right to roam the streets, harassing the citizens. They failed to appreciate the need to have two-digit IQ people, barely able to dress themselves, sit on juries in cases involving complex technical issues in narrow technical fields.
Daniel Penny is on trial for his life in New York City and his fate will be decided by people who may not be able to read at a high school level. New York City is now famous for madhouse juries, lunatic judges and ideological prosecutors who use the former two conditions to persecute their ideological enemies. Everyone outside the ideological fever swamps understands that Daniel Penny is on trial because he is a white and the crackhead was black.
If Daniel Penny was getting a jury of his peers, the bare minimum requirement would be that the jurors be American citizens. We know that at least one juror is a recent migrant from South America. Of course, his peers would include those who have jobs and can read and write at a college level. Given the endless racial agitation, a jury of his peers would have to white or at least majority white. The jury sitting in judgement of Daniel Penny meets none of the qualifications.
This is not a New York City problem. Kyle Rittenhouse is celebrating the three-year anniversary of his acquittal. Everyone assumed he would be found guilty in a rigged trial by a crooked judge, because this has become the norm. He got lucky and was charged in a jurisdiction dominated by sensible white people, including the judge. He was also blessed with unusually stupid prosecutors. As a result, he got a fair trial, and the jury promptly acquitted him of the charges.
The Rittenhouse case is an exception to the general rule of the American legal system which is that you will never get a fair trial or a jury of your peers. Instead, you will face an ideologue for a judge and a jury of randomly selected simpletons. This is true on civil cases as well as criminal cases. Elon Musk is fighting the courts over his Tesla compensation because the Delaware judges hate him. Even the richest man is subjected to trial by ideological madmen.
This is not a new phenomenon. The corruption of the legal system that gave us the civil right revolution has also eaten away at the judicial system. The maxim that anything that hints of discrimination is immoral has resulted in jury selection becoming little more than drawing names from a hat. The names in the hat are composed of people too stupid or lazy to avoid jury duty. The peremptory challenge of prospective jurors has slowly disappeared from the system.
Like the phrase, “separation of church and state”, the right to a “jury of your peers” has become a sad joke. The state has become a weird secular theocracy rooted in the progressive lunacy that gave us the civil right revolution. The state now makes war on actual churches in the name of a religion it pretends is a set of timeless, universal moral principles rooted in reason. As a result, a “jury of your peers” is a threat issued by the clerisy running the system.
Destruction of the law is always the last phase of egalitarian ideologies. Because men are not naturally equal, they must be made unnaturally equal. For everyone to be a peer of everyone else, the tall must be made short and the strong must be made week, because the opposite is not possible. The law becomes a weapon in the war against the people who make society possible. The civil rights revolution was an act of revenge against the capable and it is reaching its logical end.
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