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How do we ensure fair trials? Do we eliminate all jurors who have heard about a case? How can we make sure a jury is impartial? Courts have grappled with these questions for years. In 1807, Supreme Court Chief Justice John Marshall sat as the trial judge in Aaron Burr’s treason case. Newspapers covering the case had spread many stories of Burr’s guilt. Burr’s attorneys called on Marshall to exclude jurors with knowledge or opinions of the case. In ruling on this request, Marshall wrote a carefully considered, and surprisingly modern, explanation of who should and who should not serve on a jury. Building upon earlier English law, Marshall stated that jurors should enter the courtroom with "minds open" to the testimony.
Approximate Word count = 449 Approximate Pages = 1.8 (250 words per page double spaced)
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