As the state Legislature wrapped up its session this year, they passed the Jury of Our Peers Act, a bill that Governor Hochul should veto.
This bill aims to repeal New York’s ban on felons serving on juries, which goes beyond the current process allowing individuals with a single felony conviction to restore their eligibility for jury service.
Sponsored by state Sen. Cordell Cleare and Assemblyman Jeffrion Aubry, the bill is promoted as a way to increase the racial diversity of juries, particularly benefiting black New Yorkers.
However, the real impact of the bill would be to further skew the justice system in favor of criminals.
Even if convicted felons are granted jury service rights, they are unlikely to serve, as prosecutors would likely use their peremptory challenges to exclude them from juries.
Granting felons jury service rights would give defense attorneys an additional advantage, as they would retain their peremptory challenges.
The argument equating convicted felons with black citizens is flawed and could be seen as racist.
Advocates claim that lifting the jury service ban on felons would help address issues of mass incarceration and systemic bias against low-income black individuals.
However, having exclusively law-abiding citizens on juries does not necessarily mean they would be more likely to convict innocent black defendants.
The system is already stacked against victims, with guilty pleas decreasing and dismissals increasing, leaving crime victims, particularly black individuals, with less chance of receiving justice.
Each new reform seems to make it harder for prosecutors to uphold justice, with discovery reform in 2020 creating additional burdens on assistant district attorneys.
The main proponents of the bill are felons who have not utilized existing mechanisms to restore their jury service rights and the attorneys who represent them.
It is important for Governor Hochul to veto this bill to ensure that fairness prevails in the justice system, giving all crime victims a fighting chance in court.
Hannah E. Meyers is a fellow and the director of policing and public safety at the Manhattan Institute. From City Journal.
