Is banning all Muslims from serving on a jury for an alcohol-related case constitutional?
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  Is banning all Muslims from serving on a jury for an alcohol-related case constitutional?
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Question: Is banning all Muslims from serving on a jury for an alcohol-related case constitutional?
#1
Yes
 
#2
No
 
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Author Topic: Is banning all Muslims from serving on a jury for an alcohol-related case constitutional?  (Read 319 times)
I spent the winter writing songs about getting better
BRTD
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« on: December 03, 2021, 04:38:04 PM »
« edited: December 03, 2021, 04:45:49 PM by December's tragic drive »

I know some judges don't believe that people with religious or moral objections to alcohol should ever be on a jury for a DUI or any type of case involving someone being intoxicated as their views may prejudice their opinion. My dad once served on a jury where the judge dismissed anyone who admitted to not drinking from the jury pool....but the judge simply asked everyone in the pool if they ever drank, there was no religious standard.

However let's say a judge immediately tossed any woman wearing a hijab from the jury pool in such a case. Would that be possibly unconstitutional?

Question could also be asked for Mormons or any Christian denomination that forbids all alcohol consumption. Although if this policy banning Mormons was implemented jury selection for such cases in Utah might be often difficult.
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Ray Goldfield
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« Reply #1 on: December 03, 2021, 05:14:55 PM »

I'd say it would pass constitutional muster for one reason - the goal would be to exclude those prejudiced against the defendant. There is no constitutional right to serve on a specific jury and no damages, and while the prosecutor could raise some issues, I don't think it would get held as unconstitutional. But because there's no way to know if even a religious Muslim abstains from alcohol, it would be much smarter to simply ask them if they drink.
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Donerail
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« Reply #2 on: December 03, 2021, 05:45:53 PM »

However let's say a judge immediately tossed any woman wearing a hijab from the jury pool in such a case. Would that be possibly unconstitutional?

Question could also be asked for Mormons or any Christian denomination that forbids all alcohol consumption. Although if this policy banning Mormons was implemented jury selection for such cases in Utah might be often difficult.
In theory, judges are only supposed to be doing removals for cause. Seems dodgy under the Equal Protection Clause to make blanket judgments based on perceived religious affiliation. Attorneys, however, are generally able to make peremptory challenges on the basis of religion w/ no problem.
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I spent the winter writing songs about getting better
BRTD
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« Reply #3 on: December 03, 2021, 06:32:58 PM »

However let's say a judge immediately tossed any woman wearing a hijab from the jury pool in such a case. Would that be possibly unconstitutional?

Question could also be asked for Mormons or any Christian denomination that forbids all alcohol consumption. Although if this policy banning Mormons was implemented jury selection for such cases in Utah might be often difficult.
In theory, judges are only supposed to be doing removals for cause. Seems dodgy under the Equal Protection Clause to make blanket judgments based on perceived religious affiliation. Attorneys, however, are generally able to make peremptory challenges on the basis of religion w/ no problem.
What about if simply not on perceived affiliation but status of drinking or not like the judge did in the case my father served on? I suppose if that's allowed the judge could simply ask any hijab wearer if she drinks alcohol....kind of hard to imagine a hijab wearer who does (a non-hojab wearing Muslim woman wouldn't be surprising) but then it's not actual religious discrimination.
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NewYorkExpress
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« Reply #4 on: December 03, 2021, 08:31:49 PM »

Probably not.

But I think a religious Muslim or Mormon would try to get recused from such a jury, if they were truly offended by the content of the case in question.
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Ferguson97
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« Reply #5 on: December 06, 2021, 07:30:01 PM »

Would you ban a Christian from serving on a jury for a case related to a hate-crime against a gay person?
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NewYorkExpress
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« Reply #6 on: December 06, 2021, 07:45:03 PM »

Would you ban a Christian from serving on a jury for a case related to a hate-crime against a gay person?

No, but a Christian who cares about such a thing would do everything possible to make it clear that they would be biased and try to get out of jury duty anyways.
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