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nihil , I agree, it is a real issue over here in the US also. I was thinking the same thing, if you go by those two criteria, then all you will be left with is a small pool of qualified people that will be called over and over again. Then what do you have? A proffesional juror. As far as justice served, no need to look further than some(alot?) of the cases in the US.
Devpon,
I think that the problems lie with our legal systems? both are based on the concept of contention, and of "winning" NOT on determining the truth and meting out justice?
In France, for example, you appear before three "examining magistrates" first. If they determine that there is a case to answer, you go before a court of three judges and nine jurors.
I think that too many minor crimes get sent to jury trial, certainly over here.
Given the flaws in our system, and get back towards the topic :D , it probably wouldn't make much difference if all the jurors were mentally ill?
Another problem is the right of the prosecution and defence to object to 6 jurors each, that means you need 24!
I still have concerns over the stress on people who are not in good shape, particularly as it is not voluntary over here.
Not to mention that the people that have a good understanding of judicial proceedings here in America, are themselves being prosecuted. Bill Gates, Martha Stewart, Any Enron Officer. :)
Requiring your jurors to have a good command of the language being used will rule out probably 70% of the Democratic voters from Jury duty over here too. ;)
Seriously though, everyone's Judicial system is messed up enough without throwing the mentally disturbed into the mix. Yes. a juror that is schitzofrenic (sp) may feel a sympathetic bond with a guy that kills a police officer because they were "out ot get him." Then again if the juror suffers from severe depression they may decide that this same person would be better off dead, mimicing thier desires for committing suicide.
In reply to nihils point about jury trials being about trivial offences, this does happen.
I suspect strictly speaking I am breaking the law here (as you aren't supposed to say anything), but when I did Jury service we were asked to sit on a case of someone up for 'attempted theft of a piano'.
Turns out, this was some guy who attempted, and failed to flog a piano from the rented accommodation he was living in.
Value of piano - about $70 :D As soon as the prosecution witness turned up, he changed his plea to guilty.
Apparently, you are always advised to plead not guilty, because there is a very good chance the witness won't turn up - after all, why should they bother?
However, it cost me a lot more than $70, and I was twiddling my thumbs for most of the rest of the two weeks, as I didn't get selected again :mad: