# Would your opinion of Judge Persky prevent you from serving as a juror? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [June 8, 2016, 9:48pm UTC](https://boards.straightdope.com/t/would-your-opinion-of-judge-persky-prevent-you-from-serving-as-a-juror/756869 "2016-06-08T21:48:27Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Sunny\_Daze](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sunny_daze/32/438_2.png) [@Sunny\_Daze](https://boards.straightdope.com/u/Sunny_Daze)\ **Post date:** [June 8, 2016, 9:48pm UTC](https://boards.straightdope.com/t/would-your-opinion-of-judge-persky-prevent-you-from-serving-as-a-juror/756869/1 "2016-06-08T21:48:27Z")
Judge Persky was the presiding jurist who handed down the 6-month sentence in this recent sexual assault case. [Former Stanford athlete receives 6 month sentence](http://www.cnn.com/2016/06/06/us/sexual-assault-brock-turner-stanford/index.html) In “It’s a small world” news, I learned that my doctor was delayed for our appointment today because he was called for jury selection. The presiding judge was none other than, you guessed it, Judge Persky. Jury candidates were being screened and disqualified by whether or not they had heard of the judge (!). Candidates were dismissed if they were aware of the case and the subsequent controversy. My doctor shared (without going into further specifics) that a large number of people felt comfortable sharing their negative opinions of the judge, in front of the judge, before being dismissed. [sidenote] I also learned that Judge Persky just ran unopposed in yesterday’s election. Almost anyone would have won had they been in time to get on the ballot. Thus, the current recall campaign instead of just voting him out. Missed it by that much folks.[/sidenote] What do you think? If you were called to serve on a jury for a trial overseen by a notorious judge with whom you might disagree, like Judge Persky or Judge Ito for example, could you be impartial? Would it impact your ability to render a verdict? I think I could do my part just fine. I would potentially have severe reservations about the judge being able to manage his courtroom or assign appropriate penalties, if warranted, but those things aren’t the responsibility of a juror as I understand them. Your thoughts? ---
**Author:** ![Enola\_Gay](https://avatars.discourse-cdn.com/v4/letter/e/3ab097/32.png) [@Enola\_Gay](https://boards.straightdope.com/u/Enola_Gay)\ **Post date:** [June 8, 2016, 9:54pm UTC](https://boards.straightdope.com/t/would-your-opinion-of-judge-persky-prevent-you-from-serving-as-a-juror/756869/2 "2016-06-08T21:54:48Z")
I could sit on the jury, regardless of the judge. But this would disqualify me: [quote=] Candidates were dismissed if they were aware of the case and the subsequent controversy [/quote] But I am happy to hear that prospective jurors were airing their grievances to the judge. He needs that feedback. ---
**Author:** ![astorian](https://avatars.discourse-cdn.com/v4/letter/a/ad7895/32.png) [@astorian](https://boards.straightdope.com/u/astorian)\ **Post date:** [June 9, 2016, 9:53pm UTC](https://boards.straightdope.com/t/would-your-opinion-of-judge-persky-prevent-you-from-serving-as-a-juror/756869/3 "2016-06-09T21:53:19Z")
Here in Austin, Charlie Baird was a notoriously liberal judge who often gave light sentences to convicted criminals. A few years back, I was summoned for jury duty in a trial presided over by Baird. No one asked how I felt about him, but I could have served on that jury with a clear conscience. The judge wouldn’t affect my vote. Now, if I’d hated the DA or the defense attorney, that might have been a different story. ---
**Author:** ![Enola\_Gay](https://avatars.discourse-cdn.com/v4/letter/e/3ab097/32.png) [@Enola\_Gay](https://boards.straightdope.com/u/Enola_Gay)\ **Post date:** [June 9, 2016, 11:38pm UTC](https://boards.straightdope.com/t/would-your-opinion-of-judge-persky-prevent-you-from-serving-as-a-juror/756869/4 "2016-06-09T23:38:59Z")
[Prospective Jurors Refuse to Serve Under Aaron Persky, the Judge in Brock Turner Case](http://jezebel.com/prospective-jurors-refuse-to-serve-under-aaron-persky-1781618871) ---
**Author:** ![Sunny\_Daze](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sunny_daze/32/438_2.png) [@Sunny\_Daze](https://boards.straightdope.com/u/Sunny_Daze)\ **Post date:** [June 9, 2016, 11:51pm UTC](https://boards.straightdope.com/t/would-your-opinion-of-judge-persky-prevent-you-from-serving-as-a-juror/756869/5 "2016-06-09T23:51:00Z")
It boggles the mind. The news story is a bit different than the way my doctor told me about it, but regardless of how the morning actually went, can you imagine telling a sitting judge off to his (or her) face without worrying about some sort of contempt charge? ---
**Author:** ![Enola\_Gay](https://avatars.discourse-cdn.com/v4/letter/e/3ab097/32.png) [@Enola\_Gay](https://boards.straightdope.com/u/Enola_Gay)\ **Post date:** [June 10, 2016, 12:58am UTC](https://boards.straightdope.com/t/would-your-opinion-of-judge-persky-prevent-you-from-serving-as-a-juror/756869/6 "2016-06-10T00:58:52Z")
> [@ddsun](#): > > It boggles the mind. The news story is a bit different than the way my doctor told me about it, but regardless of how the morning actually went, can you imagine telling a sitting judge off to his (or her) face without worrying about some sort of contempt charge? Freedom of Speech is a beautiful thing. 🙂 ---
**Author:** ![spamforbrains](https://avatars.discourse-cdn.com/v4/letter/s/e274bd/32.png) [@spamforbrains](https://boards.straightdope.com/u/spamforbrains)\ **Post date:** [June 10, 2016, 1:18am UTC](https://boards.straightdope.com/t/would-your-opinion-of-judge-persky-prevent-you-from-serving-as-a-juror/756869/7 "2016-06-10T01:18:30Z")
It would affect me. Why bother working hard at understanding the case and evidence if you know the judge is probably going to hand down some ridiculous sentence if you decide on “guilty”? ---
**Author:** ![muldoonthief](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muldoonthief/32/3188_2.png) [@muldoonthief](https://boards.straightdope.com/u/muldoonthief)\ **Post date:** [June 10, 2016, 12:36pm UTC](https://boards.straightdope.com/t/would-your-opinion-of-judge-persky-prevent-you-from-serving-as-a-juror/756869/8 "2016-06-10T12:36:16Z")
If I was selected for a jury, I’d do my very best to follow the law and my own conscience. But say the defendant has 3 charges against him. The two lesser charges are slam dunks, the third and most serious charge is on the edge of guilty/not guilty. I can’t honestly say that my knowledge that the judge is known for lenient sentences wouldn’t make me lean towards guilty in the last charge, just to make sure the defendant is punished appropriately for the charges I’m sure of. ---
**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\ **Post date:** [June 11, 2016, 12:05am UTC](https://boards.straightdope.com/t/would-your-opinion-of-judge-persky-prevent-you-from-serving-as-a-juror/756869/9 "2016-06-11T00:05:12Z")
> [@muldoonthief](#): > > If I was selected for a jury, I’d do my very best to follow the law and my own conscience. But say the defendant has 3 charges against him. The two lesser charges are slam dunks, the third and most serious charge is on the edge of guilty/not guilty. I can’t honestly say that my knowledge that the judge is known for lenient sentences wouldn’t make me lean towards guilty in the last charge, just to make sure the defendant is punished appropriately for the charges I’m sure of. This. ---
**Author:** ![alphaboi867](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alphaboi867/32/3898_2.png) [@alphaboi867](https://boards.straightdope.com/u/alphaboi867)\ **Post date:** [June 11, 2016, 12:27am UTC](https://boards.straightdope.com/t/would-your-opinion-of-judge-persky-prevent-you-from-serving-as-a-juror/756869/10 "2016-06-11T00:27:55Z")
I wonder what happens if this keeps up over time, and he becomes incapable of empaneling a jury for any trial he get’s assigned? ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [June 11, 2016, 3:58am UTC](https://boards.straightdope.com/t/would-your-opinion-of-judge-persky-prevent-you-from-serving-as-a-juror/756869/11 "2016-06-11T03:58:54Z")
He may not have the opportunity: [California political heavyweights join effort to oust Stanford rape case judge](http://touch.latimes.com/#section/-1/article/p2p-87519151/) > [@](#): > > What began as a grassroots protest over a six-month jail sentence for a Stanford University student for rape has quickly mushroomed into a political campaign with a single mission: Fire the judge who handed down the sentence. > > A team of veteran political consultants joined the effort on Friday to recall Santa Clara County Superior Court Judge Aaron Persky. Now, the political action committee of the California Legislative Women’s Caucus has announced it will begin raising campaign cash for the effort. > [@](#): > > Two veteran Democratic political consultants, Joe Trippi and John Shallman, decided on Thursday to join the effort to force a recall election against the judge. Trippi gained national attention as the campaign manager for former Vermont Gov. Howard Dean’s presidential run in 2004. > > Members of the California Legislative Women’s Caucus have been vocal critics of Persky’s ruling on social media, too, and one of the group’s leaders announced a new fundraising effort on Friday. > > “We have resources,” said Assemblywoman Cristina Garcia (D-Bell Gardens), the vice chairwoman of the caucus. “We have a responsibility to use them.” He’s toast. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [June 15, 2016, 6:53pm UTC](https://boards.straightdope.com/t/would-your-opinion-of-judge-persky-prevent-you-from-serving-as-a-juror/756869/12 "2016-06-15T18:53:37Z")
And now the District Attorney’s office has used a rarely used power to disqualify Judge Persky from presiding over a sexual assault trial: [Judge who issued controversial six-month sentence in Stanford trial removed from new sex assault case](http://news.nationalpost.com/news/world/judge-who-issued-controversial-six-month-sentence-in-stanford-trial-removed-from-new-sex-assault-case) > [@](#): > > The judge in a Stanford sexual assault case that has ignited national debate about how such crimes are viewed and sentenced has been removed from a pending sexual assault case, according to the Santa Clara County District Attorney’s office. > > Prosecutors made the unusual move of asking for another judge after being surprised by a decision Monday. > > In the first case since the sentencing of former Stanford student Brock Turner — a ruling that set off a national firestorm, more than a million digital signatures on online petitions calling for Santa Clara County Superior Court Judge Aaron Persky’s removal from the bench, a formal recall effort, protests, and death threats — the judge made an unexpected motion to dismiss a misdemeanour case before it went to the jury, according to prosecutors. That led the district attorney to request a new judge in a pending sexual assault case. > > “We are disappointed and puzzled at Judge Persky’s unusual decision to unilaterally dismiss a case before the jury could deliberate,” Santa Clara County District Attorney Jeffrey Rosen said in a statement Tuesday evening. ---
**Author:** ![67java89](https://avatars.discourse-cdn.com/v4/letter/6/aeb1de/32.png) [@67java89](https://boards.straightdope.com/u/67java89)\ **Post date:** [June 15, 2016, 8:35pm UTC](https://boards.straightdope.com/t/would-your-opinion-of-judge-persky-prevent-you-from-serving-as-a-juror/756869/13 "2016-06-15T20:35:12Z")
In the picture of him they keep showing on the news, he looks…I don’t know, retarded. ---
**Author:** ![Bill\_Door](https://avatars.discourse-cdn.com/v4/letter/b/50afbb/32.png) [@Bill\_Door](https://boards.straightdope.com/u/Bill_Door)\ **Post date:** [June 15, 2016, 9:59pm UTC](https://boards.straightdope.com/t/would-your-opinion-of-judge-persky-prevent-you-from-serving-as-a-juror/756869/14 "2016-06-15T21:59:50Z")
My opinion of him wouldn’t affect my ability to judge the fact in a case impartially, but it might affect my conduct in court to my detriment. I’m reminded of the old story about a lawyer who, unhappy with the judge’s ruling, turned his chair around to face the back of the courtroom. The judge asked, “Are you trying to demonstrate contempt for this court?” He replied, “No, Your Honor, I’m trying to conceal it.” ---
**Author:** ![jtur88](https://avatars.discourse-cdn.com/v4/letter/j/e9c0ed/32.png) [@jtur88](https://boards.straightdope.com/u/jtur88)\ **Post date:** [June 15, 2016, 10:54pm UTC](https://boards.straightdope.com/t/would-your-opinion-of-judge-persky-prevent-you-from-serving-as-a-juror/756869/15 "2016-06-15T22:54:08Z")
In a great majority of criminal cases on which I might be called to jury duty, I would very likely nullify. I would not be impartial – I would evaluate the defendant on the basis of whether I thought it would be more socially productive to incarcerate him, or set him free. Irrespective of any accusations of crimes committed. I consider the criminal justice system horribly flawed, that it functions more as a social vengeance system and a public closure system. What obligation does every citizen have to bring every miscreant to “justice”? Currently in the USA, about 98% of all criminal cases are resolved through a plea bargain. The tiny number of defendants who are willing to take their chances with a jury are very likely either innocent, or very badly advised by an incompetent attorney. In either case, they ought to be sent home free. ---
**Author:** ![Merneith](https://avatars.discourse-cdn.com/v4/letter/m/57b2e6/32.png) [@Merneith](https://boards.straightdope.com/u/Merneith)\ **Post date:** [June 16, 2016, 1:52am UTC](https://boards.straightdope.com/t/would-your-opinion-of-judge-persky-prevent-you-from-serving-as-a-juror/756869/16 "2016-06-16T01:52:49Z")
> [@Enola\_Gay](#): > > [Prospective Jurors Refuse to Serve Under Aaron Persky, the Judge in Brock Turner Case](http://jezebel.com/prospective-jurors-refuse-to-serve-under-aaron-persky-1781618871) To follow up on this - Persky has been blocked from participating in a different sexual assault case, where a male nurse is accused of assaulting an unconscience patient. > **[​Stanford judge removed from new sex assault case](https://www.cbsnews.com/news/stanford-judge-aaron-persky-removed-from-new-sex-assault-case-brock-turner/)** > > DA blocks Judge Aaron Persky from presiding over hearing to determine if a former nurse should stand trial for charges of sexually abusing a sedated patient > [@CBSNews](#): > > CBS affiliate KPIX reported Santa Clara County District Attorney Jeff Rosen used his authority to block Judge Aaron Persky from presiding over a hearing to determine if a former male nurse should stand trial on charges he sexually abused a sedated female patient. > > \ > > Each side in criminal cases is allowed one motion each to remove a judge from a case and have it assigned to another judge, but such a move is rare. > > The prosecutor’s so-called “papering” of Persky comes days after several potential jurors told the judge they couldn’t serve on a jury in his courtroom because of the Turner sentence. > > The prosecutor removed Persky from the new sexual assault case the day after he tossed out a misdemeanor theft trial before it reached the jury. Perky ruled on Monday that prosecutors had not proven their theft case during the two-day trial and dismissed the case and the jury before deliberations started. > > “We are disappointed and puzzled at Judge Persky’s unusual decision to unilaterally dismiss a case before the jury could deliberate,” the district attorney said in a prepared statement. “After this and the recent turn of events, we lack confidence that Judge Persky can fairly participate in this upcoming hearing in which a male nurse sexually assaulted an anesthetized female patient.” I wonder if the DA is going to routinely get Persky thrown off cases, now. ---
**Author:** ![Johnny\_Ace](https://avatars.discourse-cdn.com/v4/letter/j/6bbea6/32.png) [@Johnny\_Ace](https://boards.straightdope.com/u/Johnny_Ace)\ **Post date:** [June 16, 2016, 1:59am UTC](https://boards.straightdope.com/t/would-your-opinion-of-judge-persky-prevent-you-from-serving-as-a-juror/756869/17 "2016-06-16T01:59:39Z")
> [@ddsun](#): > > It boggles the mind. The news story is a bit different than the way my doctor told me about it, but regardless of how the morning actually went, can you imagine telling a sitting judge off to his (or her) face without worrying about some sort of contempt charge? You’d be pretty safe in his case. He wouldn’t want the media shitstorm that would result. ---
**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\ **Post date:** [June 16, 2016, 5:24am UTC](https://boards.straightdope.com/t/would-your-opinion-of-judge-persky-prevent-you-from-serving-as-a-juror/756869/18 "2016-06-16T05:24:07Z")
> [@Bill\_Door](#): > > I’m reminded of the old story about a lawyer who, unhappy with the judge’s ruling, turned his chair around to face the back of the courtroom. The judge asked, “Are you trying to demonstrate contempt for this court?” He replied, “No, Your Honor, I’m trying to conceal it.” Mae West used this line in _My Little Chickadee._ ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [June 16, 2016, 5:43am UTC](https://boards.straightdope.com/t/would-your-opinion-of-judge-persky-prevent-you-from-serving-as-a-juror/756869/19 "2016-06-16T05:43:29Z")
> [@Merneith](#): > > To follow up on this - Persky has been blocked from participating in a different sexual assault case, where a male nurse is accused of assaulting an unconscience patient. > [​Stanford judge removed from new sex assault case - CBS News](http://www.cbsnews.com/news/stanford-judge-aaron-persky-removed-from-new-sex-assault-case-brock-turner/) > > I wonder if the DA is going to routinely get Persky thrown off cases, now. Psst - see post #12. 🙂 ---
**Author:** ![Spice\_Weasel](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/spice_weasel/32/5435_2.png) [@Spice\_Weasel](https://boards.straightdope.com/u/Spice_Weasel)\ **Post date:** [June 16, 2016, 6:11am UTC](https://boards.straightdope.com/t/would-your-opinion-of-judge-persky-prevent-you-from-serving-as-a-juror/756869/20 "2016-06-16T06:11:58Z")
My opinion of Judge Persky would not stand in my way of being an impartial juror, no. Someone else potentially doing their job poorly doesn’t really affect my ability to do mine. I gotta ask this, admitting I don’t have all the details on the case (which I generally find too disturbing to read about)… when someone makes a shitty decision like he did, why is the knee-jerk impulse to can him, or boycott sitting on his jury? Do we really have to destroy the career of everybody who does shit we think is terrible? Can’t we just be like, ‘‘That’s terrible, and points to this larger cultural issue we need to address’’ without pillorying the Poster Judge of the Week? It might have been as asshole thing to do, but as I understand it, it was within the confines of the law. I mean, as I understand it, this judge doesn’t have a history of shit decisions. Just the one. Maybe that’s too off topic and I should start a new thread. Like, tomorrow. [Next page](https://boards.straightdope.com/t/would-your-opinion-of-judge-persky-prevent-you-from-serving-as-a-juror/756869.md?page=2)