Path: utzoo!utgpu!news-server.csri.toronto.edu!rpi!zaphod.mps.ohio-state.edu!swrinde!cs.utexas.edu!romp!auschs!d75!bei From: bei@d75.UUCP (bei) Newsgroups: comp.org.eff.talk Subject: Re: Fate of the FOIA Message-ID: <3970@d75.UUCP> Date: 4 Jun 91 14:39:21 GMT References: Reply-To: bei@d75.UUCP (Bob Izenberg) Followup-To: comp.org.eff.talk Distribution: na Organization: IBM AWD, Austin, TX Lines: 35 In article rogue@cellar.UUCP (Rache McGregor) writes: >Part of the prosecution's argument before the Supreme Court was >that they would have had no objection to Hispanic jurors if they spoke only >English. This was believed by the Court as proof that no ethnic >discrimination was intended, but that the exclusions were based on the >jurors' ability to speak and interpret Spanish. What is the central issue here: Fluency in the Spanish language, or fluency in Hispanic culture? There's a Far Side cartoon which shows a dog testifying about his cat-chasing proclivities. The jury, judge, and spectators are all cats. If the dog is entitled to a jury of his peers, there'd be at least one less cat in the jury box. If a cat barks, is it a dog? Putting the animal metaphors aside and getting back to people, is a Hispanic jurist who can't speak a word of Spanish socialized the same way as one raised in a Spanish-speaking or bilingual environment? Is there a difference in their perceptions of morality and society? In their perceptions of law enforcement, of lawyers and judges? I question whether the phrase "a jury of your peers" has much meaning in (to mention two instances) trials with ethnic or technically sophisticated defendants. Give a Hispanic defendant a jury composed of WASP stockbrokers... Give a computer professional a jury of people who have no experience with computers other than years of bad press, of misplaced records, billing errors and IRS audits, and the occasional sensationalist film or news story... A jury of *my* peers speaks *my* language, be it High Clannach or ones and zeroes. -- Bob -- Opinions expressed in this message are those of its author, except where messages by others are included with attribution. No endorsement of these opinions by Ralph Kirkley Associates or IBM should be inferred. Bob Izenberg [ ] Ralph Kirkley Associates work: 512 838 6311 [ ] bei@rt_trace.austin.ibm.com home: 512 346 7019 [ ] bei@dogface.UUCP