Comments on: Batson and the “O.J. factor” http://www.scotusblog.com/2007/06/batson-and-the-oj-factor/ The Supreme Court of the United States blog Mon, 23 Jan 2012 22:38:26 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Marc Shepherd http://www.scotusblog.com/2007/06/batson-and-the-oj-factor/#comment-11416 Marc Shepherd Mon, 25 Jun 2007 12:41:56 +0000 http://www.scotusblog.com/wp/uncategorized/batson-and-the-oj-factor/#comment-11416 Prosecutors make such comments precisely because they believe jurors <i>can</i> be swayed. It is a little far fetched to suppose that this is impossible. To suggest otherwise, is to suggest that closing arguments are superfluous — that it does not matter what is said. Contrary to conventional mainstream conservative thinking, jurors are individuals. Some are highly intelligent, and some may be racist bumpkins who will be swayed by stupid closing arguments. Prosecutors make such comments precisely because they believe jurors can be swayed. It is a little far fetched to suppose that this is impossible. To suggest otherwise, is to suggest that closing arguments are superfluous — that it does not matter what is said.

Contrary to conventional mainstream conservative thinking, jurors are individuals. Some are highly intelligent, and some may be racist bumpkins who will be swayed by stupid closing arguments.

]]> By: Dennis Bedard http://www.scotusblog.com/2007/06/batson-and-the-oj-factor/#comment-11415 Dennis Bedard Mon, 25 Jun 2007 11:42:06 +0000 http://www.scotusblog.com/wp/uncategorized/batson-and-the-oj-factor/#comment-11415 Race aside, the prosecutor's comments were improper. The trial judge should have sustained an objection. The comments are also dumb and highly unlikely to have been a contributing factor in the jury's decision. Jurors, contrary to conventional mainstream liberal thinking, are not racist bumpkins who will be swayed by stupid closing arguments. The jury had already convicted the defendant; what possible relevance does O.J. Simpson have to the death phase? None. The fear that the prosecutor sought to place in the juror's minds was foreclosed by their own decision. That a jury could be swayed in such a circumstance is a little far fetched. Race aside, the prosecutor’s comments were improper. The trial judge should have sustained an objection. The comments are also dumb and highly unlikely to have been a contributing factor in the jury’s decision. Jurors, contrary to conventional mainstream liberal thinking, are not racist bumpkins who will be swayed by stupid closing arguments. The jury had already convicted the defendant; what possible relevance does O.J. Simpson have to the death phase? None. The fear that the prosecutor sought to place in the juror’s minds was foreclosed by their own decision. That a jury could be swayed in such a circumstance is a little far fetched.

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