web analytics
July 26, 2014 / 28 Tammuz, 5774
Israel at War: Operation Protective Edge
 
 
At a Glance
InDepth
Sponsored Post
IDC Advocacy Room IDC Fights War on Another Front

Student Union opens ‘hasbara’ room in effort to fill public diplomacy vacuum.



Excluding Jews and Others From Juries

As ever, Muslims raise startling new issues and Islam drives the social and legal agenda in the West.
Fredrick Cohn

Comes the news [reported at the JewishPress.com -ed.] that Frederick Cohn, the Jewish defense lawyer for Abdel Hameed Shehadeh, asked Brooklyn-based federal judge Eric Vitaliano to exclude Jews from the jury. Shehadeh is charged with three counts of making false statements in connection with his attempts to join jihadis in Pakistan. “Your Honor” Cohn explained in February,

I’m not wild about having Jews on the jury in this case. Given that there’s going to be inflammatory testimony about Jews and Zionism, I think it would be hard for Jews to cast aside any innate antipathy. The American Jewish community is heavily aligned with Israel and Zionism.

This news brings to mind the London trial, almost exactly a decade ago, of Abdullah el-Faisal, when the defense successfully excluded Jews and Hindus from a trial jury. Carla T. Main explained at the time in the National Review what happened:

In a bizarre judicial move that has largely slipped under the radar screen in the United States, England’s Central Criminal Court, known as the Old Bailey, several weeks ago banned Jews and Hindus (and anyone married to one) from serving on the jury in a trial of Abdullah el-Faisal. The Muslim cleric had been running around England writing, recording, and speaking about his hatred of Americans, Jews, and Hindus, and waxing poetic about Osama bin Laden. He was tried and convicted of soliciting the murder of nonbelievers (read: Americans, Jews, and Hindus) and using threatening words to stir up racial hatred.

It may be difficult for Americans to appreciate just how unusual this act of juror cherry picking was in England, steeped as we are in the high drama that jury selection has become in the United States. But it is worth bearing in mind that in England there is no such thing as jury selection. Jurors are pulled from the pool at random, lottery-style.

At the behest of the defense, the court took steps that the defense itself was unable to take to eliminate from the jury panel those whom he feared — without a wit of evidence — might not be impartial. The judge reportedly announced, “For obvious reasons, members of the jury of the Jewish or Hindu faith should reveal themselves, even if they are married to Jewish or Hindu women, because they are not fit to arbitrate in this case.”

Comments: (1) As ever, Muslims raise startling new issues and Islam drives the social and legal agenda in the West. (2) Has anyone else noticed the propensity of Islamists defendants to hire Jewish lawyers? (3) Are the el-Faisal and Shehadeh one-off aberrations or the start of an ominous trend? Only time will tell.

Originally published at DanielPipes.org and National Review Online, The Corner, March 11, 2013.

About the Author: Daniel Pipes is a world-renowned Middle East and Islam expert. He is President of the Middle East Forum. His articles appear in many newspapers. He received his A.B. (1971) and Ph.D. (1978) from Harvard University and has taught at Harvard, Pepperdine, the U.S. Naval War College, and the University of Chicago. He is a board member of the U.S. Institute of Peace and other institutions. His website is DanielPipes.org.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

Please use the Facebook Tab below to leave your comment:

2 Responses to “Excluding Jews and Others From Juries”

  1. I think that the lawyer should be disbarred for attempting to violate the US Constitution. That would put an end to this practice in a hurry.

  2. Charlie Hall says:

    I'm not aware of any case in recent decades in the United States where a criminal defense attorney actually did succeed in banning Jews from a jury. There are, however, halachic arguments that forbid Jews from serving in criminal trials.

Comments are closed.

SocialTwist Tell-a-Friend

Loading Facebook Comments ...
Loading Disqus Comments ...
Current Top Story
John Kerry
Entire Israeli Cabinet Rejects Kerry’s Proposed Ceasefire, Talks Continue
Latest Indepth Stories
Jewish Home leader Naftali Bennett

Because let’s face it: Hamas obviously can’t defeat the IDF in the field, soldier against soldier

Shimon Peres meets with the family of fallen IDF soldier Max Steinberg.

As Peres retires, Israel fights sour legacy: Insistence on setting policy in line with hopes, rather than with reality.

Keeping-Jerusalem

Our capital was not arbitrarily chosen, as capitals of some other nations were.

UNHRC High Commissioner Navi Pillay accuses the IDF of possible war crimes in Gaza again, cutting slack to Hamas.

There is much I can write you about what is going here, but I am wondering what I should not write. I will start by imagining that I am you, sitting at home in the Los Angeles area and flipping back and forth between the weather, traffic reports, the Ukraine, Mexican illegals and Gaza. No […]

Should Jews in Europe take more responsibility in self-defense of community and property?

It is time for a total military siege on Gaza; Nothing should enter the Gaza Strip.

Germany’s The Jewish Faith newspaper ominously noted, “We Jews are in for a war after the war.”

The truth is we seldom explore with kids what prayer is supposed to be about.

Almost as one, Jews around the world are acknowledging the day-to-day peril facing ordinary Jews in Israel and the extraordinary service of the IDF in protecting them.

So on the one hand Secretary Kerry makes no bones about who is at fault for the current hostilities: he clearly blames Hamas.

King Solomon said it long ago: “Cast your bread upon the waters” because you don’t know when you’ll hit something. Our job is to do.

The anti-Israel camp does not need to win America fully to its side. Merely to neutralize it would radically alter the balance of power and put Israel in great jeopardy.

More Articles from Daniel Pipes
The British Library

Daniel Pipes’s websites cannot be accessed through the British Library’s system. Why? Intolerance.

Daniel Pipes,
Apr. 22, 2013

Special Ops used to be about capturing or killing enemies; now it’s about shaping public opinion.

I do not want Barack Obama to pardon Pollard.

As U.S. credibility and stature diminish, the president and his secretaries of state and defense engage in eloquent denial.

BBC: Gaza militants launch missiles at Tel Aviv in 1st rocket attack on Israeli capital since 1991 Gulf War.

In general, the regions these days hosts unchanging, repetitious and dreary news.

Oman will grant Iran a strategic location on a mountain overlooking the whole gulf region.

White racists invented the idea that accomplished black Americans are not Africans but “Moors.”

    Latest Poll

    Do you think the FAA ban on US flights to Israel is political?






    View Results

    Loading ... Loading ...

Printed from: http://www.jewishpress.com/blogs/the-lions-den-daniel-pipes/excluding-jews-and-others-from-juries/2013/03/13/

Scan this QR code to visit this page online: