NCJ Number
157602
Journal
New York University Law Review Volume: 69 Issue: 2 Dated: (May 1994) Pages: 327-386
Date Published
1994
Length
60 pages
Annotation
In 1990, the U.S. Supreme Court ruled that the text of the Sixth Amendment, requiring an impartial jury in criminal trials, requires only that the pool of eligible jurors constitute a fair cross-section of the community, but there is no constitutional requirement that the actual jury hearing a case reproduce an area's racial composition or include any jurors of the same sex or race as the defendant.
Abstract
This article reviews the Court's thinking in this area, particularly its recent focus on the constitutional right of jurors to be free from discriminatory exclusion. The author argues that a juror-based, rather than a defendant-based, theory of equal protection will make it more difficult for defense attorneys to select a mixed-race jury. The article argues that racially diverse juries are essential to protecting the interests of defendants, the public, and the court system, and to securing fair and impartial verdicts. The article suggests alternative methods of ensuring minority participation on juries, and argues that the concept of affirmative selection would eliminate most of the inequities inherent in the current peremptory system and would allow groups traditionally excluded from jury service to participate in criminal trials. 304 notes