Our current jury system is ailing. It is beginning to fail
us. O.J. Simpson being found not guilty is just one example of that
problem. People with loads of evidence against them are found not
guilty, while others with far less evidence against them are found
guilty. Mass murderers are often sentenced to life in prison, while
many others who commit just one murder are sentenced to death. People
tried separately for the same crime often get much different verdicts
and/or much different sentences. I know the Constitution guarantees the
accused a right to a jury of his or her peers, but times have changes
over the last 200-plus years and we need to make adjustments
accordingly. There are two changes I would suggest we make as soon as
possible.

First, we should implement professional juries. There are many
reasons why the average person should not serve on a jury. Many of them
do not want to serve and find it to be an inconvenience. People with
this attitude are likely to focus more on getting the trial over with
rather than taking the time to come to reasonable and thoughtful
decision. Other people come to a jury with an agenda. They have strong
opinions one way or the other about the defendant and/or the case, but
will mask these feelings in order to get a seat on the jury. These
people are unlikely to be persuaded by evidence which runs counter to
their preconceived notions.

Of course, there are many jurors who feel that it is their
civic duty to serve and make an honest attempt to seek the truth. But
even these people often make flawed jurors. Very often they will use
things such as defendants' courtroom demeanor, the way they dress, the
emotions they show or the lack thereof, their facial expressions, etc.
to help determine guilt or innocence. So what if someone seems arrogant
in court? So what if they show no emotion? So what if they dress
inappropriately in the courtroom? While it might be appropriate to take
some of these items into consideration at sentencing time, none of
these issues make a person any more or any less guilty and should not
be considered as a part of making that determination. Professional
juries would be trained to disregard everything but the facts when
determining whether someone is guilty of a crime. It would be their
fulltime job and if they had any kind of agenda, it would come to light
over time. They would also be subject to a judicial review board on a
regular basis to re-evaluate their fitness as professional jurors.

Second, we should put an end to the deliberating process.
Jurors should not be allowed to speak with one another and should vote
their conscience by secret ballot. This is needed because many jurors
do not have the courage of conviction to vote what they really think,
but are often intimidated into voting with the majority or with those
who are the most persuasive or strong-willed. Of course, a change like
this would make a unanimous verdict almost impossible, so a two-thirds
majority should be required for a guilty verdict. Anything less would
result in the defendant being found not guilty. There would be no hung
juries. In the case of sentencing (except for death penalty cases), a
simple majority would determine the sentence, with the judge acting as
a tie-breaker. A three-quarters majority would be required to sentence
someone to death. If a majority, however less than the required
three-quarters, votes in favor of death, the next harshest available
sentence would automatically be imposed, regardless of the other votes.

Having an impartial jury reach a just verdict along with making
sure an innocent person is never convicted should be the ultimate goal
of our criminal justice system. Unfortunately, our jury system is
broken and doesn't deliver this desired outcome nearly often enough. It
is due for a much needed overhaul in the form of the changes I have
suggested.