Criminal Law
United States v. Ballow, 59 F.4th 1015 (9th Cir. 2023)
Study notes for United States v. Ballow: professor notes, cold call prep, exam angles, and memory aids.
A trial court abuses its discretion by refusing to excuse a juror who poses a substantial risk of bias, thus violating a defendant's right to an impartial jury.
In United States v. Ballow, the Ninth Circuit emphasized the fundamental right to an impartial jury as guaranteed by the Sixth Amendment. The case underscores the importance of scrutinizing potential juror biases, especially in criminal trials where a defendant's liberty is at stake. The court's determination that juror #8 should have been excused due to her expressed opinions on the criminal justice system signals the judiciary's responsibility to maintain the integrity of the trial process by ensuring jurors can remain neutral and fair.
Additionally, the ruling serves as a cautionary tale for trial courts regarding their discretion in jury selection. The appellate court highlighted that failing to exclude a juror when significant bias may exist can undermine public confidence in the judicial system, affirming that trials must be conducted in a way that upholds the defendant's right to an unbiased panel of jurors.
Ballow's BIAS - 'Bias Invoked Against Selected Jury'
| Case | Distinction |
|---|---|
| Utah v. Strieff | In Strieff, the issue was the admissibility of evidence obtained from a stop. Juror bias was not at the center of the dispute. |
| Irvin v. Dowd | While Irvin dealt with jury bias due to pretrial publicity, Ballow specifically focused on a juror's strong opinions affecting their impartiality in a current trial. |
Ensuring exclusion of biased jurors promotes fairness in the criminal justice system and protects defendants' rights to a fair trial.
Strictly excusing jurors based on perceived bias may lead to fewer jurors being available, potentially undermining the representativeness of juries.
This case may appear on exams as an illustration of the significance of juror impartiality in criminal trials and the boundaries of trial court discretion during jury selection. Be prepared to discuss the legal standards for assessing juror bias.