Curious Question During Jury Selection
Even though wasn't selected for the jury of the court I was called to yesterday, I was expected to pay attention to the proceedings, just in case I was called to replace a dismissed juror. So I listened as the prosecuting and defense attorneys each got up and asked questions of the prospective jurors.
The most interesting question to me, and the one that most made me want to have been up there in the jury box, was asked by the defense attorney. To paraphrase: Under the law, the state brings charges against the defendent, and the burden rests entirely on the state to prove their case beyond a reasonable doubt. The defense does not have to prove innocence; the most it has to do is show you that reasonable doubt. Would you agree with the idea that justice might be better served if, sometimes, the burden was placed on the defense rather than the prosecution?
I guess I can see the point of the defense asking that question. A prospective juror who answered that the defense should sometimes have to prove innocence would possibly show that he would be harder on the defense than the law provides for. I think you could agree to that statement without your judgment in a particular case being called into question, but it's an interesting question nonetheless. If I recall correctly, though, the only juror who answered positively to that question was not dismissed by either team.
Had the question been asked of me, I think my answer would have been something like: "What are you, nuts? Our justice system safeguards the rights of the accused so that it is less likely he will be hurt by an overzealous prosecutor. Of course, the burden of proof must reside with the accuser, or you open the door to all kinds of abuses. Even if the state knows someone is guilty, they should never expect the court to take their word for it. Justice practically demands that accusers bear a higher cost than defenders."
OK, I wouldn't really have used the long, kinda flowery sentences. More likely I would have said "Uh...no, I don't think so. The burden should always be on the accusers." and left it at that.