On The Front Lines
Rutherford Institute President Urges Federal Prosecutors to Refrain from Discriminating Against Jurors' Religious Beliefs
CHARLOTTESVILLE, Va. -- John W. Whitehead, president of The Rutherford Institute, has called on federal prosecutors to respect the First and Fourteenth Amendment rights of prospective jurors by refraining from questioning them about their religious beliefs and practices, which could give rise to discrimination on the basis of religion in jury selection. In a letter to U.S. Attorney Paul McNulty, Whitehead voices his concerns over recent reports that in a printed questionnaire to potential jurors in the Zacarias Moussaoui case, prosecutors reportedly listed 89 questions designed to "discern the views that prospective jurors have about Islam." According to the media report, prosecutors want to ask "what religions potential jurors belong to" and "whether they attend a place of worship." As Whitehead points out in his letter, this line of questioning would equally apply to followers of Christianity, Judaism and other religions, and could lead to discrimination of jurors on the basis of their religious beliefs and affiliations."It is a fundamental aspect of American jurisprudence and history that jurors, regardless of their religious affiliation or beliefs, be treated equally by the government," stated Whitehead. "While the government should work diligently to prevent terrorism and punish convicted terrorists, federal prosecutors should avoid fishing for answers that may tempt them to discriminate against prospective jurors on the basis of their religious beliefs."
Various news media have reported that federal prosecutors sent a 31-page questionnaire to prospective jurors in the trial of alleged terrorist Zacarias Moussaoui, who has been charged with assisting in the 9/11 attacks on the World Trade Center and the Pentagon. The questionnaire consists of 89 questions and ranges from specific questions about the candidates' biographical information to more general questions about the candidates' opinions regarding Islam. Also included within the questionnaire are inquiries into the candidates' religious affiliations and beliefs. In his letter to the U.S. Attorney's office, Whitehead urges prosecutors not to use religion to discriminate against prospective jurors during the jury selection process because doing so would violate the Equal Protection Clause of the Fourteenth Amendment. Whitehead also cites several state supreme court and lower court rulings that removing a prospective juror based on their religious beliefs is unconstitutional.
Related links:
Sign-up to receive The Rutherford Institute's Insider Report E-newsletter!
Sign-up to receive John W. Whitehead's Weekly Column today!
Sound Off! Tell us what you think about this news story!
Get your free copy of the Bill of Rights!
Support the Fight! Give Today!
Rutherford News Archives
Recent Victories!
The Rutherford Institute
|
