Discussion Post # 03 - [Cite as State v Speer 124 Ohio...

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During voir dire parties are prohibited from excluding potential jurors on the basis of race or other discriminatory criteria. One issue concerns whether the prohibition against discrimination extends to potential jurors who have physical or mental disabilities. Should parties be prohibited from excluding persons with physical or mental disabilities? Explain. Although part of me wants to say yes, I will still say no, that potential jurors with mental and/or physical disabilities should be permissible. The following will explain what made me fall off the fence in the direction that I did. The Rules of Superintendence mandate that “The opportunity for jury service should not be denied or limited on the basis of race, national origin, gender, age, religious belief, income, occupation, disability, or any other factor that discriminates against a cognizable group in the jurisdiction.”(See link 1). While although this pertains to Ohio as far as I know, it makes legitimate since. How would this make since? Due to my findings in
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Unformatted text preview: [Cite as State v. Speer , 124 Ohio St.3d 564, 2010-Ohio-649.] (See link 2). The area of my concentration was the Syllabus of the Court, “a trial court must determine whether reasonable accommodations will enable an impaired juror to perceive and evaluate all relevant and material evidence, and when no such accommodation exists, the court must excuse the juror for cause”. In this situation as far as voir dire is concerned, the juror answered every question that was given to her honestly. (See link 2, {¶ 34}). Therefore, with this information, I conclude that the courts and law have the discretion in refusing and/or excusing a juror based on their inability to fully comprehend or perceive all evidence. Link 1: (look at page 325 of this pdf file Standard 1 Opportunity for Service letter A.) http://www.supremecourt.ohio.gov/LegalResources/Rules/superintendence/Superintendence.pdf Link 2: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-ohio-649.pdf...
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