NCJ Number
35899
Journal
Tennessee Law Review Volume: 43 Issue: 1 Dated: (FALL 1975) Pages: 1-107
Date Published
1975
Length
107 pages
Annotation
IN THIS 1975 DECISION, THE UNITED STATES SUPREME COURT INVALIDATED LOUISIANA JURY-SELECTION PROVISIONS THAT REQUIRED A WOMAN TO REGISTER WITH COURT OFFICIALS IN ORDER TO BE ELIGIBLE FOR JURY SERVICE.
Abstract
THIS ARTICLE EXAMINES THE IMPACT OF TAYLOR ON STATE JURY SELECTION PROCEDURES, PARTICULARLY THOSE STATUTES IN TENNESSEE AND FOUR OTHER STATE (ALABAMA, GEORGIA, MISSOURI, AND RHODE ISLAND) THAT PERMIT A WOMAN TO DECLINE JURY SERVICE FOR NO REASON OTHER THAN HER SEX. ALSO CONSIDERED ARE THE NECESSITY FOR SUPREME COURT MANDATED GUIDELINES FOR STATE JURY SELECTION AND THE BEST PROCEDURES FOR PRODUCING GROSS-SECTIONAL REPRESENTATION SUFFICIENT TO WITHSTAND CONSTITUTIONAL ATTACKS. DISCUSSED ARE THE DEVELOPMENT OF THE CROSS-SECTIONAL PRINCIPLE, INCLUDING THE SYSTEMATIC-EXCLUSION THEORY AND SPECIAL EXEMPTIONS FOR WOMEN, AND IMPLEMENTATION OF THE CROSS-SECTIONAL STANDARD (THAT THE SOURCE OF JURY LISTS SHOULD REASONABLY REFLECT A CROSS SECTION OF THE POPULATION SUITABLE). THE ANALYSIS OF THE TENNESSEE JURY SELECTION SYSTEMS ALSO INCLUDES A PROPOSAL FOR LEGISLATIVE REFORM.