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Another factor in determining the impartiality of the jury is the nature of the panel, or venire, from which the jurors are selected.
In the appeal they raised issues about the use of informant witnesses, the impartiality of the jury and judge, the judge's conduct, and free speech.
But there appeared to have been less skepticism about the impartiality of the jury of 10 blacks and 2 whites that deadlocked last month on most counts and convicted him of two.
But there are mechanisms in place to assure the impartiality of the jury, he said, including aggressive questioning during jury selection, strict instructions from the judge to ignore anything jurors might have read or heard and the presentation of a vigorous defense.