How would this turn out? (question for laywers)

[bengangmo]

Picked from another thread...

"Eventually, he went to trial for some charge, and in front of the jury panel waiting around to be selected, he objected to all the women in the panel because of some biblical passage that said women should not be judges or whatever. That didn't end well."

So here's the question, if the dude in question really said such a thing in front of the entire pool of (potential) jurors prior to the start of the trial, what is the potential solution / fallout?

Would the jurors be disqualified on the basis of having anitpathy towards him? Or the women only?

[MichaelEmouse]

Seems like if they dismiss the female jurors or the whole jury, they're letting him change the jury at will which would be a very counterproductive incentive to establish. If the defendant willfully says something in court that is to his disadvantage, that's his problem.

[bengangmo]

Originally Posted by MichaelEmouse

Seems like if they dismiss the female jurors or the whole jury, they're letting him change the jury at will which would be a very counterproductive incentive to establish. If the defendant willfully says something in court that is to his disadvantage, that's his problem.

Yeah, but this isn't in court, it's prior to court.

Going by all those crime dramas I have seen, the jury is supposed to be "impartial"...how could they be impartial if the defendent had, in their presence, prior to the trial said such a thing?

Not that I think he should get any special treatment or a break, just wondering if this particular pool of jurors would / could / should be dismissed and for the next pool, more care is taken to make sure the defendent and the jury didn't come into contact prior to the start of the trial...

[USCDiver]

Does the defendant typically sit in the courtroom during jury selection?

[Miss Violaceous]

In my jurisdiction the judge would fix it by addressing the whole panel and asking if anyone feels that it will prevent them from being impartial about the facts blah de blah... People hardly ever answer yes to that question even about way more dramatic things.

[cuberdon]

Originally Posted by USCDiver

Does the defendant typically sit in the courtroom during jury selection?

The last time I was called and actually got questioned, yes, the defendant was right there.

SF Bay Area, and it was a city court I believe.

[Procrustus]

Originally Posted by USCDiver

Does the defendant typically sit in the courtroom during jury selection?

Yes, absolutely.

To the OP, such a request (to exclude all women) would almost certainly be made outside the presence of the potential jurors. It would be denied, and the potential jurors brought into court for jury selection. If a defendant (or his attorney) was foolish enough to make the request in front of the jurors, I think most judges would let the chips fall where they may. I don't think the judge would excuse the panel and start over, but they could.