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JURY COMPOSITION CHALLENGES

NCJ Number
56910
Journal
LAW AND PSYCHOLOGY Volume: 2 Dated: (1976) Pages: 43-74
Author(s)
M C FARMER
Date Published
1976
Length
32 pages
Annotation
THIS ARTICLE DISCUSSES THE IMPORTANCE OF ASSURING THAT CRIMINAL TRIAL JURIES BE REPRESENTATIVE OF THE COMMUNITY AND COMPOSED OF PERSONS SIMILAR TO THE DEFENDANT. CHALLENGES TO JURY COMPOSITION ARE ANALYZED.
Abstract
THE COMPOSITION OF JURIES DETERMINES THE COMMUNITY INVOLVEMENT AVAILABLE TO THE CRIMINAL JUSTICE SYSTEM OF A GIVEN JURISDICTION AND INDIRECTLY AFFECTS THE CRIMES TO BE PROSECUTED. THE PARTICIPATION OF MINORITIES AS JURORS HELPS THEM UNDERSTAND AND APPRECIATE THE RIGHT TO A FAIR TRIAL. PROSECUTORS ARE ALSO AFFECTED BY SUCH PARTICIPATION SINCE IT CHANGES THEIR EXPECTATIONS OF WHAT CRIMES WILL BE CONDONED OR PUNISHED BY REPRESENTATIVES OF THE COMMUNITY. CHALLENGES TO DISCRIMINATORY JURY SELECTION PROCEDURES ARE BASED ON JUDICIAL DECISIONS REQUIRING JURY POOLS TO BE REPRESENTATIVE OF THE COMMUNITY. THE EXCLUSION OF RACIAL GROUPS FROM JURIES IS UNCONSTITUTIONAL, ALTHOUGH INDIVIDUAL JURY PANELS NEED NOT PERFECTLY REFLECT THE RACIAL BALANCE OF A COMMUNITY. A DEFENDANT MAY SHOW A PRIMA FACIE CASE OF DISCRIMINATION BY DEMONSTRATING A VIOLATION OF THE STATUTORY SELECTION PROCEDURES OR BY SHOWING THAT THE JURY LIST ITSELF IS IN SUBSTANTIAL DISPARITY WITH THE POPULATION OF THE COMMUNITY. THE JURY POOL MUST INCLUDE ALL ECONOMIC, SOCIAL, RELIGIOUS, AND RACIAL GROUPS OF THE COMMUNITY. IF IT IS SHOWN THAT PEREMPTORY CHALLENGES HAVE BEEN USED TO EXCLUDE MINORITIES SYSTEMATICALLY, THE PRESUMPTION OF A FAIR AND IMPARTIAL JURY WILL HAVE BEEN OVERCOME. ADDITIONAL DISCUSSIONS CONCERNS EXAMPLES OF JURY CHALLENGES AND INSTRUCTIONS FOR PREPARING AND PRESENTING THEM. FOOTNOTES ARE PROVIDED. (TWK)

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