Fair and Impartial Jury Law and Legal Definition
Judges whose actions and decisions are free of bias or prejudice constitute a fair and impartial jury. All people, regardless of race, religion, sex, national origin, or economic status, have the right to a trial by a fair and impartial jury
As an example, the Supreme Court of North Dakota has identified eight factors to evaluate the selection of a fair and impartial jury. They are:
(1)whether the publicity was recent, widespread, and highly damaging to the defendant;
(2)whether the prosecution was responsible for dissemination of the objectionable material;
(3)the extent of inconvenience to the prosecution;
(4)whether a substantially better panel could be sworn elsewhere;
(5)the nature and gravity of the offense;
(6)the size of the community;
(7)the defendant's status in the community; and
(8)the popularity and prominence of the victim. [State v. Ellis, 2000 ND 177, P12 (N.D. 2000)]
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