NCJ Number
48279
Journal
Justice System Journal Volume: 3 Issue: 3 Dated: (SPRING 1978) Pages: 220-241
Date Published
1978
Length
22 pages
Annotation
BIASES IN AGE, SEX, RACE, AND EDUCATION ARE EXAMINED IN THE VARIOUS STAGES OF THE JURY SELECTION PROCESS FOR THE EASTERN DIVISION OF THE U.S. DISTRICT COURT OF MASSACHUSETTS.
Abstract
THE 1974-1975 JUROR SELECTION PROCESS FOR THE EASTERN DIVISION OF THE U.S. DISTRICT COURT FOR MASSACHUSETTS IS THE FOCAL POINT OF THE STUDY. ACCESS TO COURT RECORDS PERMITTED THE DETERMINATION OF THE BIASING EFFECTS OF THREE SIGNIFICANT STEPS IN THE JUROR SELECTION PROCESS: THE CONSTRUCTION OF THE MAILING LIST, A 'PRELIMINARY' OR 'PROCEDURAL' SORTING BY THE JURY CLERK OF ANSWERED JUROR QUALIFICATION QUESTIONNAIRES, AND A FINAL REVIEW OF THE 'PROVISIONALLY QUALIFIED' THAT TAKES PLACE UNDER THE VENIRE JUDGE'S PERSONAL SUPERVISION. THE LAST STAGE OF THE SELECTION PROCESS EXAMINED BEGINS WITH A CITIZEN'S RESPONSE TO BEING SUMMONED FOR JURY DUTY THROUGH THE EXCUSE AND DEFERRAL DECISIONS MADE ON THE DAY A JURY IS EMPANELED. IT IS CONCLUDED THAT SIGNIFICANT BIAS AGAINST THE YOUNG, THE OLD, WOMEN, BLACKS, THE POORLY EDUCATED, AND THE HIGHLY EDUCATED ARE PRESENT IN THE EXISTING SELECTION PROCESS. BECAUSE OF THE WAY IN WHICH VOTER REGISTRATION LISTS AND SAMPLES DRAWN FROM THEM HAVE BEEN USED, IT IS RECOMMENDED THAT LISTS BE MORE CURRENT AND MORE CAREFULLY MAINTAINED AND SUPERVISED BY THE COURT. IT IS BELIEVED THAT USE OF VOTER REGISTRATION LISTS ELIMINATES ALIENATED GROUPS SUCH AS THE POORLY EDUCATED AND MINORITIES. TO REMEDY THIS, IT IS RECOMMENDED THAT SAMPLING SUPPLEMENTALS (POLICE CENSUS, THE REGISTRY OF MOTOR VEHICLES, AND FOOD STAMP OFFICES) BE USED WITH THE AID OF A COMPUTER TO BROADEN THE SCOPE OF THE JUROR SELECTION LIST. IT IS NOTED THAT SEX-LINKED EXCUSES BY WOMEN TEND TO REDUCE THEIR PROPORTIONATE REPRESENTATION IN JURIES. CHILD CARE, NURSING, AND ELEMENTARY SCHOOL TEACHING ARE EXCUSABLE OCCUPATIONS FOR FEMALES. PUBLICLY SUPPORTED CHILD CARE IS SUGGESTED AS A WAY OF FREEING WOMEN FOR INCREASED JURY PARTICIPATION. MORE EXPLICIT RECORDING OF THE REASONS FOR EARLY AND LATE EXCUSES IS RECOMMENDED TO ENABLE THE COURT TO EXAMINE PATTERNS IN THIS AREA. BUSINESS AND MEDICAL DEFERRALS ARE ALSO THOUGHT TO NEED BETTER DEFINITION. THE USE OF A COMPUTER INFORMATION SYSTEM IS RECOMMENDED TO HELP REDUCE PROCEDURAL BIASES IN THE JUROR ELIMINATION PROCESS. TABLES OF DATA ARE INCLUDED. (RCB)