This shows you how important it is to look at systems, as a whole.
In Canada, an accused charged with a sufficiently serious offense also has a right to trial by jury. In contradistinction, however, any one who is trained in the law is not permitted to serve on juries, nor are police officers.
In addition, jurors are barred by law from discussing their deliberations outside of the jury room.
We don't elect judges, and superior court judges almost without exception come from the ranks of experienced and effective trial counsel.
One of the results of all this is that a substantial number of accused receive advice from counsel and do elect trial before judge alone.
Matt
Matt,
You correctly "caught" my narrow qualification that, at least in New York State, the jury system no longer automatically excludes persons connected with the legal system.
This is actually a very recent change in New York (I cannot speak for other jurisdictions in the US on this point) at the initiative of our present Chief Justice, Judith Kaye, of the NY Court of Appeals (which is our highest NYS jurisdiction - even though our first level court is, confusingly called the New York Supreme Court. That confusion goes back to around 1700 during colonial days - a history lesson we can share some day).
Regardless, Justice Kaye opined that the automatic exclusion of "officers of the court" (e.g. lawyers etc.) from jury service had gotten out of hand. [Note: at the end, the excluded groups included all kinds of medical personnel including obstetricians, chiropracters, etc. in addition to the sole-entrepreneurs etc.of various "professions" whom would apparently be "economically harmed" by performing jury service].
So she opined that all citizens, regardless of status, are eligible for jury service. As a result, early on, even she was "called to perform jury service". Of course it was a bit of showboating - but it was intended to make it clear that egregious attempt to avoid service would no longer be tolerated. This is why it was unsurpring that a couple of months ago, NYC's Mayor Bloomberg was called to jury service and did 2 days in the waiting room before being excused.
In reality, of course, the attorneys, be they prosecutor or defense, will use "pre-emptory exceptions" to keep law-based professionals from serving. But in NYS at least, such status is no longer an "automatic out".
