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IP and Law
Can migrant workers face a jury of their peers?Posted by Joel Martinsen on Tuesday, April 24, 2007 at 12:06 PM
![]() The new jurors will serve on trials with particular social importance, such as those that concern the rights and interests of migrant workers. From the article:
So this is a good thing, right? In an op-ed for The Beijing News, Yu Zhu, a white-collar worker in Hebei, argues that migrant workers have a fundamental conflict of interest with rights-protection cases and should not serve on juries for trials of other migrant workers. Migrant workers should not serve as jurors on "migrant worker rights protection cases"by Yu Zhu / TBN"I'm a migrant worker. To be appointed a people's juror means that greater attention is being paid to the interests of migrant workers," said Guo Qinghong, a farmer employed as a laborer at the Kaifeng Zheshang Wood Panel Company. Recently, Guo Qinghong and twelve other migrant workers were formally made people's jurors by the People's Congress of Kaifeng County, and they will take part in judging cases before the Kaifeng court involving the interests of migrant workers. The thirteen, through their own application and business recommendations, are honest and well-educated, and passed the qualifying inspection for people's jurors. Among the thirteen, eleven have a high-school equivalent education and two graduated from vocational colleges. Henan's innovation to appoint migrant workers as people's jurors to assist in protecting migrant workers' own interests - and to have them formally commissioned by the local People's Congress - is an innovation worthy of attention. However, the high-school and college education of the thirteen jurors brings up two other questions: what sort of quality is required in a juror? And should the jurors protecting the rights and interests of migrant workers be migrant workers themselves? I bring up this point because of what I have read concerning how jury composition and case judgment is regulated in common law countries. Briefly, many common law countries, including the US, the selection of jurors, composition of juries, and participation in judgment mostly follows this procedure: several months before the case is formally tried, the court will arrage jury selection. Typical conditions are basically the same, for example, during three months, these jurors will be sequestered from the outside world and may not use any form of communication equipment; they may not return home and may not leak any information about the case or issue personal opinions about the case (this is basically identical to the limitations in effect for the primary judge). However, one other critical limitation is that professionals who are intimately familiar with the particular field concerned in the case may not serve as jurors. This writer was taken aback at this: shouldn't someone with professional knowledge - or an industry insider - be of great use in a trial? But then I found that other books told me that the courts of these countries have such strict limitations out of the followig consideration: the trial process is controlled by the judge, while cunning lawyers and prosecutors well-versed in the law go at it. So what the jury must do is simple: using their sense of conscience, justice, and social ethics, as well as the ability to judge basic facts, they determine whether the accused is guilty or not guilty, and that's it. If a juror is well-versed in professional knowledge pertinent to a case, it is easy to fall into a trap of getting caught up in first impressions. This is not to the advantage of the accused, and it is difficult to guarantee fairness and justice. So many countries that have a jury system carefully inspect the qualifications and personal and professional background of jurors, and only then make an acceptance or rejection. Imagine for a moment, when these originally "genuine" migrant worker jurors take part trying a case about migrant workers' rights and interests, won't they express mass indignation and speak in unison to support and advocate for migrant workers? And the difficulties of business owners - if they for example are harrassed and exploited by certain functionaries, or even face payroll problems when the government falls behind on its construction payments, who will listen and understand? Will the accused face unfair treatment? These are matters of grave concern. Perhaps China, with China's national national conditions, should not be treated as a single whole. But this writer believes that the relatively mature practices of foreign jury systems, like the challenge system, bears certain similarities to our own jury system. The restrictions placed by the courts on jurors' qualifications and personal background have positive value, and we ought to assimilate them ourselves. Links and Sources
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Comments on Can migrant workers face a jury of their peers?
Wow. I don't know about other countries, but I can assure you, a jury being sequestered for three months is a very rare event in New Zealand. So far as I know, juries are hardly ever sequestered for any length of time. Jurors are forbidden from reading/hearing/watching any news reports, rumours, or anything else about the case on which they are serving, and are equally forbidden from saying anything about the case to anybody outside of the jury, but they are trusted to go home at the end of each day and communicate with the outside world about anything outside of the court case. And juries are selected the day the trial begins, judging by my experience.
The author raises a couple of good points, but perhaps he'd better do some proper research into the use of juries in other countries first. Or maybe New Zealand is a lot weirder than I thought....
Not sure about the details of jury selection in Canada, but what Yu Zhu says seems about right. His issue with migrant workers making (or, rather, not making) impartial juries, seems quite on.
The problem is with the term peer - or people of equal standing. There's just very little 'equal standing' in China. Not a simple problem to solve.