Can a jury truly consist of your "peers" when the system doesn't provide for it?

Question

Take this bizarre case, currently in the courts in none other than liberal L.A.:

http://news.yahoo.com/s/ap/20080610/ap_on_re_us/obscenity_or_art

Now, really, this guy needs to have a jury of 12 (plus alternate) people who are from the art world and/or regularly use and watch pornography. It doesn't have to be as extreme, but they have to be at least willing and prepared to view the material. Otherwise, the guy really isn't being judged by a jury of his peers. Some old granny or uptight mom isn't going to give him a fair judgement.

I've also thought the same thing with other trials.

O.J. actually got a jury of his peers -- racially -- but really he should have also had rich and famous people on that jury as well.

A very smart person on trial should have a group of Mensans on their jury.

A trailer park criminal should have folks from the poorest classes on their jury.

Etc.

This assures a guilty judgement comes from people who truly know your experience.

Answer 1

Wow, it's early for such heavy thoughts!

It's an interesting concept, and I see what you are saying.  I always thought that "peers" was used in a broader sense, like your fellow mortal man type of meaning, not exactly the same societal class....

Answer 2

A jury of retired people and the unemployed is not a jury of my peers. They are the only one's that do jury duty in my country.

Answer 3

The concept of 'jury of your peers' simply means that the jury is made up of people from your community.  

The idea is to represent the general values of society - not the values of the defendant's drinking buddies.

Should criminals have juries made up of other criminals?

Answer 4

SURPRISE!

The United States Constitution does NOT give you the right to a "jury of your peers."

Article 3, Section 2 states that all criminal trials will be jury trials, held in the state where the offense occurred. And the 6th Amendment says that the jury must be "impartial"... but nowhere does the phrase "Jury of your peers" appear, nor is it implied.

Answer 5

They'll be a jury of his peers after they finish watching the video in your opinion, right? You have a good point, though. I doubt he'll find anyone with his view point in finding torturing women, urinal paintings, and several other obscene things as art. If your rights interfere with others your rights should be taken away. This offends enough people, so of course he can't get away with it jury of peers or not its wrong. The idea of a jury of your peers is to have unbiased people from your area that do not hold office and probably don't know you and therefore hold no previous opinion of you so they can judge your case fairly. This of course is a different case, and will probably end in a three to five year sentence.