https://www.gatestoneinstitute.org/17307/jury-trial-mob-violence
Oliver Wendell Holmes correctly pointed out: due process simply cannot be achieved for any defendant in the presence of hostile crowds ready for violence if a verdict of not guilty is rendered.
The ACLU, if the shoe were on the other foot, would be demanding a new trial — if the defendant were black, and white crowds were demanding a conviction or else. But the ACLU is no longer a neutral civil liberties organization. It has become a partisan claque that espoused due process for “me but not for thee.” Real civil libertarians, who demand due process for all, including guilty police officers, must now take over where the ACLU has left off.
Whether guilty or not, Chauvin must be given a new trial at which the jury is sequestered, as it should have been from the beginning of this one. As an alternate juror candidly acknowledged, she had “mixed feelings” about jury duty, because of concerns about “disappointing” either side and the possibility of “rioting.” There is no reason to believe that the unsequestered jurors who actually decided the fate of Chauvin were oblivious to this concern.
The appellate courts should use this case to establish a clear rule that jurors must always be sequestered in racially charged cases where outsiders are threatening violence in the event of a not guilty or reduced verdict…. In the absence of sequestration, the legitimate protests of the outsiders may well deny the defendant his equally legitimate right to a fair trial. That is unacceptable under the Constitution.
“I very seriously doubt if the petitioner … has had due process of law … because of the trial taking place in the presence of a hostile demonstration and seemingly dangerous crowd, thought by the presiding Judge to be ready for violence unless a verdict of guilty was rendered.”
No, this is not your author complaining about the lack of due process in the trial of Derek Chauvin in 2021. It Is the great Oliver Wendell Holmes describing the trial of Leo Frank, a Jew convicted of murder in 1913 and eventually lynched by a mob that included prominent officials, after the governor commuted Frank’s sentence from death to life imprisonment.