NCJ Number
42114
Date Published
1977
Length
443 pages
Annotation
THIS BOOK IS A CRITICAL EXAMINATION AND INVESTIGATION OF THE AMERICAN JURY SYSTEM, BASED ON DATA COLLECTED FROM THE JURY PRACTICES OF THE FEDERAL COURTS AND A LARGE NUMBER OF STATE JURISDICTIONS.
Abstract
THE IMPORTANCE OF THE CONCEPT OF THE JURY AS AN IMPARTIAL, INDEPENDENT, AND REPRESENTATIVE FINDER OF FACT IN OUR JUDICIAL PROCESS IS STRESSED THROUGHOUT. EXTENSIVE DEMOGRAPHIC AND STATISTICAL DATA AND ANALYSES OF JURY SELECTION, EXCUSE, AND CHALLENGE PROCESSES ARE USED TO SUPPORT THE THESIS THAT CURRENT PROCEDURES OF JURY SELECTION FALL SIGNIFICANTLY SHORT OF PRODUCING JURIES REPRESENTATIVE OF ALL SEGMENTS OF THE POPULATION. THE ARGUMENTS IN FAVOR OF JURIES OF FEWER THAN TWELVE PERSONS AND LESS THAN UNANIMOUS VERDICTS ARE CRITICALLY ANALYZED AND REBUTTED. CORRELATIONS BETWEEN JURY SIZE, COMPOSITION, AND VERDICT STANDARD AND THE ACTUAL VOTING PATTERNS ARE PRESENTED AS PROOF OF THE IMPORTANCE OF STRICT, RANDOM SELECTION OF JURORS BASED ON UNIVERSAL ELIGIBILITY FOR JURY SERVICE. REFORMS FOR OVERCOMING DISCRIMINATORY SELECTION PRACTICES ARE RECOMMENDED. THE AUTHOR ALSO REVIEWS THE HISTORICAL DEVELOPMENT OF THE JURY AND RELEVANT SUPREME COURT DECISIONS. (AUTHOR ABSTRACT MODIFIED)...MSP