NCJ Number
19783
Journal
Criminal Law Bulletin Volume: 11 Issue: 2 Dated: (MARCH-APRIL 1975) Pages: 157-172
Date Published
1975
Length
16 pages
Annotation
AN ACCOUNT OF LAWS, PROCESSES, AND INVESTIGATIVE WORK INVOLVED IN THE SUCCESSFUL CHALLENGE OF ALMOST THE ENTIRE ERIE COUNTY JURY POOL - SOME 110,000 JURORS - IN THE ATTICA PRISON DISTURBANCE CASES.
Abstract
THE AUTHOR STATES THAT CHALLENGE TO AN ENTIRE JURY POOL HAS BECOME INCREASINGLY COMMON IN MAJOR CRIMINAL CASES WHERE RACE, SEX, OR STATUS MAY AFFECT THE MINDS OF JURORS, EITHER COVERTLY OR OVERTLY. A BACKGROUND ON THE ATTICA PRISON DISTURBANCES AND THE CONSTITUTIONAL LAW APPLICABLE TO A CHALLENGE FOR DISCRIMINATION IN SELECTION OF THE JURY VENIRE IS FIRST PROVIDED. THE INVESTIGATIVE AND STATISTICAL PROCESSES THAT WERE EMPLOYED IN MOUNTING A CHALLENGE TO THE JURY SELECTION PROCESS ARE THEN DESCRIBED. THESE INCLUDED THE FORMULATION OF A BASIC DESCRIPTION OF THE JURY SELECTION PROCESS IN ERIE COUNTY, COMPARISON OF JURY POOL NAMES AND ADDRESSES WITH CENSUS TRACT INFORMATION, A TELEPHONE SAMPLE OF QUALIFIED JURORS TO DETERMINE THEIR RACE AND SEX, AND AN INVESTIGATION OF A SAMPLE OF QUALIFIED AND DISQUALIFIED JURORS. SIGNIFICANT DISPARITIES BETWEEN THE GENERAL POPULATION AND THE JURY POOL WERE FOUND, BASED ON SEX, RACE, AND AGE. THE EMPLOYEES OF THE JURY COMMISSIONER ADMITTED TWO VIOLATIONS OF LAW: SYSTEMATICALLY EXCLUDING WOMEN AND STUDENTS. IT WAS THESE ELEMENTS UPON WHICH THE HEARING JUDGE BASED A DECISION TO STRIKE MOST OF THE JURY POOL, SOME 110,000 JURORS. ALTHOUGH THE DECISION WAS FORMALLY BASED ON THE ADMITTED ERRORS OF THE FORMER JURY COMMISSIONER RATHER THAT ON THE CHALLENGERS' PROOF, THE AUTHOR CONTENDS THAT THE STATISTICAL METHODS USED WERE OF GREAT VALUE AND CAN BE USED IN ANY CASE OF MAJOR IMPORTANCE TO OPEN UP LONG-OBSCURED JURY LISTS. (AUTHOR ABSTRACT MODIFIED)