Can you get a mistrial if the jury was not diverse?
My brother got convicted of murder and I do not think he had a fair trial. The constitution says you have a right to trial by jury of your peers. His jury was all white except for 3 people, and they were almost all much older than him too (he is Latino). My question is, does this count as a fair trial or is it grounds for a mistrial? He says he is innocent and I believe him, the prosecution's case was not very good (eyewitness just saw a guy in a hoodie, no weapon found, etc). I think they just convicted him because they did not like the way he looked. Thank you for you help.
Click here to get answers from a local criminal defense attorney
There are no answers to the question at this time. Please check back with us later.