The United States criminal justice system relies upon a procedure called voir dire. The term is French for “to speak the truth,” and it refers to the process by which potential jurors in a criminal trial are questioned by attorneys and judges to determine their qualifications and biases. It’s a cornerstone of the criminal justice system because the Sixth Amendment states that in criminal prosecutions, the accused shall have a right to a trial by an—impartial—jury.[i] Voir dire allows the judge and attorneys to identify potential jurors who may have any preconceived notions, biases, or conflicts of interest that could affect their ability to fairly and impartially decide the case.[ii] This is done through a series of questions which are answered under oath.
In an effort to ensure that an impartial jury is selected, one of the very first questions asked to a panel of potential jurors at the outset of voir dire is, “do you believe that you may know the defendant, a lawyer, a member of the court personnel, the judge, or a person whose name the judge will read to you?” This is asked because it is critical that individuals selected as jurors evaluate the criminal case solely on the evidence presented, and outside factors must not influence their verdict.
However, in high-profile cases with incessant media exposure and a never-ending stream of memes on social media, word spreads quickly. In such instances, potential jurors may have already formed opinions about the case or the defendant. In fact, many potential jurors may have relied upon rumors, headlines, and outside information to make a premature judgment of guilt before seeing any shred of evidence. This is dangerous, as it poses a clear threat to the defendant’s right to a fair trial. Because it could not only give way to a mistrial, make the proceedings lengthy and costly, but it could also undermine the fairness of the criminal justice system.
This brings us to one of the many issues being raised in the criminal prosecution of Luigi Mangione (“Mr. Mangione”), the man accused of murdering United Healthcare CEO Brian Thompson in Manhattan on December 4, 2024.[iii] Mr. Mangione’s defense attorneys have voiced concerns about the New York City Mayor Eric Adams and the Chief of Detectives on the case having already sat down for interviews with HBO to discuss the arrest of Mr. Mangione and their theories of the case.[iv] The defense attorneys are arguing that Mr. Mangione’s constitutional rights are being violated in a variety of ways and that his constitutional right to an impartial jury is among those being violated. Their chief point of contention is that by sitting with HBO, the New York City Mayor and Detectives who investigated him have further tainted the jury pool.
The pool of potential jurors who could sit in on Mr. Mangione’s case already poses insurmountable obstacles and problems for the court to address. This is because Mr. Mangione is an enigma, and to say that the internet is obsessed with Mr. Mangione would be an understatement. For example, Mr. Mangione’s outfit, loafers, and even ankles went viral at his latest court appearance.[v] “In less than 24 hours since his last court appearance, searches for ‘Luigi Mangione outfits’ spiked by 350 percent on Google.”[vi] As a matter of fact, at this very same court hearing on February 21, a journalist reported, “[t]here are so many people here that nobody can tell where the end of the line is.”[vii] The same journalist went on to remark, “[t]his is not a club with a strict bouncer, though it feels like it. This is the Luigi Mangione hearing.”[viii]She concluded that “[d]espite being out of the public eye for months, the popular frenzy around Mangione is alive and well.”[ix]
Given the mainstream media reports that Mr. Mangione has amassed a rabid fan club and widespread coverage of his outfit to a relatively minor pre-trial status update, it seems irresponsible for the New York City Major and the Chief of Detectives to be giving television interviews about the evidence in Mr. Mangione’s case “in full hair and makeup.”[x] The criminal prosecution of Mr. Mangione—or any defendant—is not a trophy politicians may flaunt for votes. It is also not a platform bureaucrats can use to catapult their careers. It is alarming that the criticism levied on the New York City Mayor is nothing new; a pattern exists. In December, Mr. Mangione’s perp walk appeared to be a staged photo op used by the Mayor to project “an image of toughness on public safety and to change the subject after a difficult week for the politically weakened mayor.”[xi] The Mayor’s problematic behavior was again highlighted when he posted the perp walk images on social media with the caption: “Those who bring illegal guns to our city will face justice.”[xii]
Jurors can be easily influenced by the emotions of the public. A high-profile case involving serious criminal charges, such as murder, could provoke strong reactions from the public that could make jurors lean toward a guilty or not guilty verdict based on their perception of public sentiment. Mr. Mangione is accused of murdering a wealthy CEO of a Health Insurance Company—an industry millions of Americans loathe and hate. In this case, “Brian Thompson’s death was processed by the public not so much as the killing of a human being, but as a despised industry getting its comeuppance.”[xiii] Mangione has been turned into a sort of Robinhood-esque folk hero.
Despite his trial becoming a public spectacle, Mr. Mangione’s constitutional rights must be protected. Even more so, considering that Mr. Mangione could face the death penalty. Although New York doesn’t have the penalty, Mr. Mangione is facing federal charges, and if convicted, he could be eligible at the federal level for the death penalty.
It is evident that finding an impartial jury to sit on any of Mr. Mangione’s pending criminal trials is going to be difficult. It’s clear that politicians, bureaucrats, and law enforcement officials are capitalizing on the fervor of this case for their own personal benefit. And it goes without saying that for better or worse, Mr. Mangione has captivated the public and captured the hearts and minds of many Americans. However, none of these three things should ever obstruct justice, the pursuit of truth, or the unwavering preservation of an accused individual’s constitutional rights, especially when the death penalty is in the cards.
[i] See U.S. Const. amend. VI.
[ii] See Right to a Jury Trial, Legal Info. Inst., www.law.cornell.edu/wex/right_to_jury_trial (last visited Apr. 1, 2025).
[iii] See Frank G. Runyeon, Luigi Mangione Says His Rights Are Being Violated in NY Case, Law360 (Feb. 21, 2025, 7:52 PM), plus.lexis.com/newsstand/law360/article/2301401/?location=most-read&crid=aea1f586-f7c2-4fc0-9dba-4f27680c6289.
[iv] See id.
[v] See Renan Botelho, Luigi Mangione’s ‘Loafers,’ ‘Outfit’ and ‘Ankles’ Go Viral as His Unexpected Fashion Influence Persists After Latest Court Appearance, Yahoo (Feb. 22, 2025), www.yahoo.com/lifestyle/luigi-mangione-loafers-outfit-ankles-225952779.html.
[vi] Id.
[vii] Mia Sato, The Long Wait for a Glimpse of Luigi, The Verge (Feb. 22, 2025), www.theverge.com/law/617946/luigi-mangione-unitedhealth-ceo-february-hearing-protest.
[viii] Id.
[ix] Id.
[x] Id.
[xi] Emma G. Fitzsimmons, At Luigi Mangione’s Perp Walk, Mayor Eric Adams Appeared Stage Right, N.Y. Times (Dec. 20, 2024), www.nytimes.com/2024/12/20/nyregion/luigi-mangione-eric-adams.html.
[xii] Id.
[xiii] Sato, supra note vii.
