Newsmax senior judicial analyst Andrew Napolitano told Newsmax Friday that steps need to be taken to ensure biased jurors don't end up serving on juries.
Napolitano was speaking after a left-wing group launched training sessions aimed at helping people serve on juries in Justice Department cases and vote to acquit regardless of the evidence, a practice known as jury nullification.
"If people are put on a jury with an agenda, they have to reveal what that agenda is. So it's the duty of the judge when picking the jurors," Napolitano said on "Finnerty."
"Or if it's in a state where the lawyers pick the jurors, it's the duty of the prosecutor to say, 'Are you here with an agenda? Are you here because you want to acquit or because you want to convict?'" he continued.
"'Are you here because you can be fair and open-minded and make a decision on the basis of the evidence?' And when they are asked that, they should be put under oath, which instills the obligation to answer it truthfully."
Napolitano said people who took part in the training program should not be allowed to serve on a jury.
"And that's the reason you put them under oath, because one of the questions judges now have to ask is, Do you have an agenda right now? When you're picking a jury, you don't want people there that don't want to be on the jury," he said.
"You also don't want to keep people there who are too anxious to be on the jury, because they usually have some sort of an agenda — either against the government or against defendants," Napolitano added.
He said the prosecutors in federal court can ask a judge to ask the jurors "if they took a class on why all defendants should be acquitted, no matter what the evidence is against them."
"You don't want people like that on the jury. The defendant is not guilty until proven guilty beyond a reasonable doubt," Napolitano said.
"The government has a case that's already been tested by the court. The job of the judge is to make sure the defendant and the government get a fair trial."
GET TODAY NEWSMAX+:
NEWSMAX is the fastest-growing cable news channel in America with more than 30 million people watching!
Reuters Institute reports NEWSMAX is one of the top news brands in the U.S.
You need to watch NEWSMAX today.
Get it with great shows from Rob Schmitt, Greta Van Susteren, Greg Kelly, Carl Higbie, Rob Finnerty – and many more!
Find the NEWSMAX channel on your cable system – Go Here Now
BEST OFFER:
Sign up for NEWSMAX+ and get NEWSMAX, our streaming channel NEWSMAX2 and our military channel World at War.
Find hundreds of shows, movies and specials.
Even get Jon Voight's special series and President Trump's comedy programs and much more!
Watch NEWSMAX+ on your smartphone or home TV app.
Watch NEWSMAX anytime, anywhere!
Start your FREE trial now: NewsmaxPlus.com
Sam Barron ✉
Sam Barron has almost two decades of experience covering a wide range of topics including politics, crime and business.
© 2026 Newsmax. All rights reserved.