Originally Posted By: Turnbull
Supreme Court ruled yesterday that gays could not be struck from juries under attorneys' peremptory challenges. This followed previous rulings that prevented minorities and women from being struck.

I'm confused about how this would work. I saw plenty of voir dires when I was on jury duty, and I never saw a judge question a peremptory challenge, even when, say, a black or Hispanic was struck by the prosecutor in a trial of a black or Hispanic defendant. And I can't imagine an attorney asking a juror about his/her sexual orientation. confused


The judge wouldn't question an allegedly improper peremptory challenge in open court. Objections to challenges are made at sidebar. Under Batson a minority defendant must have a venire that includes at least another minority. If the prosecution uses challenges to remove all of the minorities from the prospective jury, the defendant then makes a Batson challenge where the prosecutor must offer racially neutral reasons for striking the minority members.

I don't think that attorneys would ask sexual orientation questions in a general voir dire, but it is possible that jury questionnaires may include a block to check at the option of the prospective juror. For the most part a person's orientation won't come into play. even in cases where the offense involves collateral issues that touch on orientation, most of the voir dire questions would seek to determine whether a prospective juror may possess a belief or bias that would inhibit him from determining the facts of the case impartially.