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Originally Posted by Voidwar  I am skeptical that one can make something "impartial" by having two partial adversaries pick them ??? |
The lawyers don't pick them. They are picked by random from a pool. The lawyers can exclude them if they show bias (and with limited peremptory challenges).
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I think we disagree on where the impartiality comes in.
The jurors are expected to deliver a verdict, which is, by definition, partial, in that it comes down on the side of one party in the dispute. So, "partiality" is a necessary component of a juror. The "impartial" in the Sixth amendment, in my view, is directed at how the jury is selected, and not the jurors themselves.
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RNYC is right. The jurors are partial at the end. But they are supposed to be partial only based upon the evidence presented, and not because of pre-existing bias or other influences.