NCJ Number
5335
Journal
Albany Law Review Volume: 36 Issue: 2 Dated: (WINTER 1972) Pages: 305-329
Date Published
1972
Length
25 pages
Annotation
CASES WHICH HAVE ESTABLISHED THE REQUIREMENT THAT JURIES BE REPRESENTATIVE OF THE COMMUNITY, OUTLINE OF THE STATE JUROR SELECTION PROCEDURE, AND WAYS TO CONTEST IT.
Abstract
THE AUTHOR TRACES THE DEVELOPMENT OF THE RIGHT TO A JURY SELECTED FROM A FAIR CROSS-SECTION OF THE COMMUNITY. NEW YORK'S STATUTORY SCHEME FOR CHOOSING JURORS IS EXAMINED AND THE REQUIRED PROCEDURES FOR CHALLENGING THE SELECTION PROCESS ARE OUTLINED. THERE IS ALSO AN ANALYSIS OF THE QUANTUM OF EVIDENCE REQUIRED TO ESTABLISH A CASE OF ARBITRARY JUROR EXCLUSION. RECOMMENDATIONS ARE OFFERED TO IMPROVE THE FAIRNESS OF THE SELECTION PROCESS.