The recent law graduate you met at jury duty , Anthony, was no nit-wit, appearances to the contrary notwithstanding. In fact, she was probably pretty sharp. She knew that it’s a reversible error to seat a juror who says that he or she can’t be fair, and, presumably because she didn’t want to serve, she took the first opportunity presented to her to say the magic words that would keep her off the jury. We may, with good reason, attack her lack of public spiritedness, but not her intellect. If she wanted out of jury duty, she said exactly the right thing.

Articles by Robert T. Miller

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