NCJ Number
55081
Journal
National Journal of Criminal Defense Volume: 3 Issue: 2 Dated: (FALL 1977) Pages: 277-288
Date Published
1977
Length
12 pages
Annotation
DISCRIMINATION IN JURY SELECTION BASED ON RACE, SEX, RELIGION, AND OTHER BASES FOR EXCLUSION ARE EXAMINED HISTORICALLY UP TO THE PRESENT, AND POSSIBLE FUTURE COURT ARGUMENTS ARE CONSIDERED.
Abstract
THE CONCEPT AND PRIORITY OF THE JURY TRIAL CAME TO AMERICA WITH BRITISH COLONISTS. THE SIXTH AMENDMENT PROVIDES THAT IN ALL CRIMINAL PROSECUTIONS, THE ACCUSED SHALL HAVE THE RIGHT TO A TRIAL BY AN IMPARTIAL JURY OF THE STATE AND DISTRICT WHERE THE CRIME WAS COMMITTED, AND THE FIFTH AMENDMENT REQUIRES A GRAND JURY IN ALL FEDERAL CRIMINAL ACTIONS. FROM 1879 TO THE PRESENT, THE TREND IN FEDERAL COURT DECISIONS RESPECTING RACIAL DISCRIMINATION IN JURY SELECTION HAS BEEN TOWARD CONDEMNING IT AS A DENIAL OF THE EQUAL PROTECTION RIGHTS OF THE RACES IN QUESTION UNDER THE 14TH AMENDMENT. IT WAS NOT UNTIL 1972, HOWEVER, THAT THE SUPREME COURT STRUCK DOWN STATE LAWS PROVIDING FOR THE EXCLUSION OF WOMEN FROM JURIES, AS THE COURT DECIDED THAT SUCH A LAW VIOLATED BOTH THE 14TH AND 16TH AMENDMENTS, BECAUSE IT DENIED THE DEFENDANT THE OPPORTUNITY TO HAVE A JURY SELECTED FROM A FAIR CROSS SECTION OF THE COMMUNITY BY EXCLUDING A DISTINCT AND NUMEROUS GROUP. THE MOST RECENT SUPREME COURT DECISION INVOLVING SYSTEMATIC DISCRIMINATION, CASTANEDA V. PARTIDA (430 U.S. 482, 1977), PROVIDED STANDARDS FOR DETERMINING IF SYSTEMATIC EXCLUSION HAS OCCURRED. FIRST, IT MUST BE ESTABLISHED THAT THE GROUP CLAIMED TO BE EXCLUDED IS ONE THAT IS A RECOGNIZABLE DISTINCT CLASS, SINGLED OUT FOR DIFFERENT TREATMENT UNDER THE LAWS, AS WRITTEN OR APPLIED. NEXT THE DEGREE OF UNDERREPRESENTATION MUST BE PROVED BY COMPARING THE PROPORTION OF THE GROUP IN THE TOTAL POPULATION TO THE PROPORTION CALLED TO SERVE AS GRAND JURORS, OVER A SIGNIFICANT PERIOD OF TIME. A SELECTION PROCEDURE SUSCEPTIBLE TO ABUSE OR NOT RACIALLY NEUTRAL SUPPORTS THE PRESUMPTION OF DISCRIMINATION RAISED BY THE STATISTICAL SHOWING. EXCLUSION CAN THUS BE FOUND TO EXIST EVEN WHERE THERE HAS BEEN MORE THAN MERE TOKEN REPRESENTATION, IF SUCH REPRESENTATION DOES NOT CONFORM TO STATISTICAL REPRESENTATIONS OF VARIOUS GROUPS IN THE COMMUNITY OF THE TRIAL. IT IS SPECULATED THAT THE EXCLUSION OF THE ELDERLY, PERSONS FROM VARIOUS SOCIOECONOMIC GROUPS, OR THE ABSENCE OF A COMBINATION OF DISTRICT COMMUNITY GROUPS MAY BE GROUNDS FOR CHARGING SYSTEMATIC EXCLUSION IN THE FUTURE. (RCB)