The Case Before Us, Part 5: The New Improved Enhanced Due Process.

I have watched with great interest the matter of State of Minnesota v. Derek Chauvin and the process known to lawyers as voir dire. In English, that means jury selection.

I have also watched the unfortunate impact of the precipitous announcement of settlement in a civil rights lawsuit in the United States District Court for the Minnesota District.

In this criminal case, the defendant has already been treated to an enhanced level of due process inasmuch as the Court has treated this case like a First Degree Homicide case. It is not.

In Minnesota, a defendant facing life in prison receives 15 peremptory strikes (for no reason) and 9 peremptory strikes (for no reason) to the prosecution. Mr. Chauvin faces no such penalty.

No known provisions in the Rules provide for this “enhancement.” Indeed, only if a defendant is facing an actual “joint trial“ would the Court be authorized to increase the strikes in a non-life imprisonment case.

And while there is case law allowing a judge to consider a request for additional peremptory challenges where a Defendant believes he was forced to EXHAUST his available peremptory challenges because of the refusal of the Court to grant motions for cause, nothing I see authorizes ab initio additional strikes like those granted now.

Only a trial involving First Degree Murder or a joint trial allows for anything approaching this procedure and enhanced level of due process.

My question now is will every defendant receive such an advantage in the future?

-Albert Turner Goins




Love podcasts or audiobooks? Learn on the go with our new app.

Recommended from Medium

Double Homicide Suspect Under Arrest After Teens’ TikTok Video of Dead Bodies Find Goes Viral

Norwich Sex Worker Murder  — Who Killed Michelle Bettles

My Thoughts on the Police Reform Bill

We need Court Reform and I have three proposals

Group Wanted to Kidnap Michigan Governor and Block Biden’s Election, Plotter Says

35 Years of Racist Abuse by NYPD

The Future of Forensic Science & Crime Scene Investigation

The Upside Down Kingdom

Get the Medium app

A button that says 'Download on the App Store', and if clicked it will lead you to the iOS App store
A button that says 'Get it on, Google Play', and if clicked it will lead you to the Google Play store
Albert Goins

Albert Goins

More from Medium

Post 3: The Unexpected but Expected Hard Switch of Moving from High School to College

Understanding the Narrow-Band Internet of Things (NB-IoT) (Series One) drops 113 error: Could not find specified service

How to Redo the Bottom Paint and Epoxy Primer on your Aluminum Boat