NCJ Number
43233
Date Published
1977
Length
31 pages
Annotation
RESULTS OF A CROSS-SECTIONAL ANALYSIS OF AGE, RACE, SEX, OCCUPATION, AND INCOME ON ATTITUDES WHICH MIGHT AFFECT DELIBERATIONS IN JURY TRIALS ARE REPORTED.
Abstract
THE STUDY BEGAN AS APPLIED RESEARCH SPONSORED BY THE NEW YORK CITY LEGAL AID SOCIETY TO OBTAIN DATA TO USE AS EVIDENCE IN A QUEENS COUNTY, NEW YORK, CIVIL SUIT. EVIDENCE SHOWED THAT JURY OFFICIALS SYSTEMATICALLY EXCLUDE YOUNG ADULTS FROM JURY SERVICE. JURY OFFICIALS ARE FORBIDDEN BY LAW TO EXCLUDE PERSONS ON THE BASIS OF RACE, SEX, OR OCCUPATION. HOWEVER, AGE HAS GENERALLY NOT BEEN CONSIDERED A 'COGNIZABLE' SOCIAL CHARACTERISTIC, SO THAT AGE DISCRIMINATION IN JURY SELECTION HAS NOT BEEN CHALLENGED LEGALLY. IN ORDER TO ESTABLISH A PARTICULAR SOCIAL GROUP AS COGNIZABLE FOR JURY SELECTION PURPOSES, EVIDENCE WAS REQUIRED THAT THE GROUP HAD A DEFINITE COMPOSITION AND EXHIBITED BASIC SIMILARITY IN ATTITUDES AND EXPERIENCE WHICH WOULD NOT BE ADEQUATELY REPRESENTED IF THE GROUP WERE ABSENT FROM JURIES; IF THE IMPACT OF AGE WERE EQUAL TO OR STRONGER THAN THAT OF RACE, SEX, AND OCCUPATION, THE CASE FOR RECOGNIZING YOUNG ADULTS AS A LEGALLY COGNIZABLE GROUP WOULD BE STRONG. COLLECTED CENSUS DATA INDICATED AN ENORMOUS DISCREPANCY IN AGE FOR QUEENS COUNTY -- 51 PERCENT OF THE GRAND JURORS WERE BETWEEN THE AGES OF 61-75, WHILE ONLY 19 PERCENT OF THE GENERAL PUBLIC WAS IN THIS AGE GROUP. THE LEGAL AID SOCIETY ADMINISTERED OPINION QUESTIONNAIRES TO THE GENERAL PUBLIC AND PETIT JUROR POOLS OF FOUR AGE GROUPS; THE SCHEDULE INCLUDED QUESTIONS ON FIVE SOCIAL CHARACTERISTICS--AGE, SEX, RACE, OCCUPATION, AND INCOME. TWO HUNDRED AND TWO INTERVIEWS WERE COMPLETED WITH QUEENS COUNTY RESIDENTS AND 227 WITH PERSONS ON PETIT JUROR ROLLS. THE AUTHORS OF THIS PAPER THEN ANALYZED THE DATA, AND, UNDER THEIR SUPERVISION, 118 INTERVIEWS WITH PERSONS ON THE GRAND JUROR'S LIST WERE CONDUCTED. THE RESULTS OF THESE STUDIES WERE CONSISTENT WITH PRIOR SOCIOLOGICAL FINDINGS: OLDER PEOPLE ALMOST ALWAYS HAVE MORE CONSERVATIVE ATTITUDES ON ISSUES OF LAW AND THE ADMINISTRATION OF JUSTICE. MOREOVER, THE EFFECTS OF AGE ARE INDEPENDENT OF OTHER SOCIAL CHARACTERISTICS AND STRONGER THAN THOSE OF ANY OTHER CHARACTERISTIC EXCEPT EDUCATION. THE DATA CLEARLY INDICATED THAT THE GREATER CONSERVATISM OF OLDER PEOPLE IS NOT DUE TO THEIR LOWER EDUCATIONAL LEVELS. THE PAPER PROVIDES TABLES ON REGRESSION ANALYSES OF GROUPS QUESTIONED. APPENDIXES AND REFERENCES ARE INCLUDED.