European Stars and Stripes (Newspaper) - December 20, 1994, Darmstadt, Hesse                                Tuesday december 20,1994 commentary the stars and stripes Page 17 Simpson jury circus makes mockery of Justice. 9 j -. A Mere 2w months after the Selec Tion process started a jury and alternate jurors have been sworn in for the murder trial of . Simpson. The trial will not begin before february at the earliest. But americans have already Learned two things from the Simpson extravaganza 1. The Way juries Are selected in this country i High profile cases especially is out a Terri Ismias rage ugly expend Antnony Sive and damaging Lewis to respect for Law.2. The Promise engraved on the pediment of the supreme court building equal Justice under Law is mocked by the reality of criminal Justice the Gro Tesque disparity in what is done for Rich and poor  fact that it took 2v$ months to pick the Simpson jurors is enough to condemn the process. The Cost in the time of Law yers and judges was Many hundreds of thousands of dollars. But the social Cost is what mat ters. The spectacle of lawyers and psychologists mane vering to get on the jury people whose race or age or sex or employment supposedly makes them More Likely to convict or acquit teaches citizens the lesson that criminal trials Are a Gam having Little to do with truth or Justice. The questioning of potential jurors tory to find out their cultural presumptions has also become offensive to the dignity of the Law and to the rights of those on the jury pane the 304 men and women on the Simpson panel were required to fill out the now famous 75-Page questionnaire. It asked them whether they owned Hunting or penknives whether they had written a letter to the editor of a newspaper and what i your political affiliation no state official could impose a Politi Cal test for giving citizens a License. What business is it of a court to demand to   we Henory know the politics of a juror what does it have to do with the ability of a Man or woman to decide fairly on the evidence whether a defendant is guilt the Only questions that Justice requires of a potential juror go to evident possibilities of prejudice. Is he or she re lated to someone in the Case for exam ple or involved in the event such connections Are grounds for the judge to dismiss a jury panel member for  in addition to dismissal for cause counsel Are allowed peremptory Chal Lenges allowed to remove someone for no stated reason. In the Simpson Case each Side had 20 peremptory  mane vering on when to use them led to the endless process. In a discussion some time ago i suggested that the first 12 citizens drawn should be seated As jurors unless there was reason to remove them for cause. That is eliminate peremptory challenges altogether. The idea shocked others in the grouse accustomed have we become to Al orate jury selection. But juries Are picked in Britain with few or no peremptory challenges. Selecting them usually takes less than a Day. That is what it should take in this country. As for the question of equal Justice i hardly needs comment. The trial will Cost Simpson millions before it is Over. With that compare the usual murder trial in this country the defendant rep resented by an experienced or Hack lawyer appointed by the state and Given Little Money to prepare the Case and the trial rushed through in a few Days. Many of those defendants Are on death Row today. Anyone who doubts that reality should read the important piece by Stuart Taylorjr. In the current Issue of the american lawyer. It describes the Case now before the supreme court of Lloyd Schlup sentenced to death after a two Day trial in Missouri. Taylor who is a hard Man to convince is convinced of Schlup s Proba ble innocence. But most evidence of innocence was not presented at Schlup s trial. He did not have one thousandth of Simpson s Legal resources. C now York times Caris the spa u Michael Horowitz a former Reagan budget official now with the Hudson Institute offers the pro Vocative suggestion that even with president Clinton i office the Republican party has become the dominant party in this country because he says it is the place where the Battle of ideas is really taking place. Recalling the work of the late Samuel Lubell shrewd observer of mid-20th Century politics Horowitz says he agrees with lube s Contention that the two parties Are rarely at parity. One sets the tone the other reacts. The meaningful policy debates almost always take place within the prevailing party. If that is a Good criterion then there is a powerful Case to be Reade for the gop As the Sun in the cur rent political solar system to use Lubell s  president is preparing his 1995 Agenda and the policy making wheels Are spinning inside the Whitehouse and the office of management and budget. The democratic leadership Council which Clinton headed before his 1992 Campaign has offered up a serious 10 Point Domestic and International program which the president last week praised As a base for his own Forth coming proposals. T.  All this is reactive to the Republican con tract with America the manifesto for the most successful gop congressional Campaign in a generation. The contract used by gop challengers across the coun try was a Strong policy document outlining positions on issues that republicans have been arguing vigorously for years. _ the debates began even before Ronald Reagan be came president when the Supply Side insurgents challenged the views of conventional conservatives and converted the gop to a doctrine of continually cutting marginal tax rates. The argument was broadened to in clude everything from Star wars to the new Federal ism during the years of the Reagan presidency. But when George Bush succeeded Reagan the fir seemed to vanish from Republican policy debates. The Bush team provided managerial efficiency in the clean up phase of the cold War but it left a Large vacuum i Domestic policy which Clinton and his dec colleagues sought to fill. Their struggle to define what a new Democrat is produced interesting ideas some of which were included in Clinton s first year program expansion of the earned income tax credit a National service program direct Loans to College  budgetary and political constraints forced shrinkage or postponement of Many of the bolder ideas a fundamental restructuring of welfare and Job training programs was pushed off the Agenda by health policy initiative that proved to be an indigestible Stew of ideas not a breakthrough concept. The republicans have been remarkably Swift in seizing the Opportunity Clinton and the democrats left open. While deftly sabotaging several of Clinton initiatives and stigmatizing others they have been Honing their own ideas helped enor Mously by the Talent in the array of conservative think tanks financed by corporate americ and wealthy right Wing givers. Many of the ideas Are controversial r even within Republican ranks. The balanced budget constitutional amendment commands Broad support but there is division whether it should guarantee in it sown text that Federal costs will not be pushed off onto the states. The term limits constitutional amendment is even More divisive. Among proponents there is an emotion Al dispute whether House members should be limited to six years service or granted 12 years As senators would  More interesting As noted Here recently is the emergence of a Challenge from credentialed conserva Tives who question the whole concept As an infringe David s. Broder ment on voters Freedom of Choice. A third constitutional amendment propos ing prayer in Public schools is being pressed by rep. Newt Gingrich r-ga., the speaker designate but i staunchly opposed by Many of the key Republican Lead ers in the Senate. The same kind of fights can be seen on major areas of legislation. Some republicans want Congress to re write the rules on welfare. Others want to take the fed eral government but of the picture and let each state handle welfare As it deems Best. On budget and tax issues some republicans want tout capital gains rates and increase personal exemptions right away while others argue that real spending cuts must be locked into place first lest deficits again balloon. Some see opportunities for significant saving sin the Pentagon budget. Others insist that defense is undernourished and needs to be restored. On immigration policy the real debate has Bee taking place among republicans with Pete Wilson making the Case for cutting off health and education benefits to illegals while Jack Kemp and Bill Bennett argue that is the wrong Way to go. The republicans Are not similarly engaged on healthcare or on measures to rebuild workers Confidence in their economic future. But democrats can take Little Comfort. On Many of the issues that voters care most about the republicans Are hogging the debate Andas Long As they do they have a grip on the political future. C Washington Post the opinions expressed in the columns and cartoons on this Page represent those of the authors and Are in no Way to be considered As representing the views of the stars and stripes or the United states government