NCJ Number
137741
Journal
Behavioral Sciences and the Law Volume: 10 Issue: 2 Dated: (Spring 1992) Pages: 155-177
Date Published
1992
Length
23 pages
Annotation
After an examination of the historical roots of jury selection, this article considers whether there is any basis for the belief that the demographic composition of the jury has an effect on the fairness of the process.
Abstract
The author argues that, since Reconstruction, there has been a conflict between two models of the ideal jury: the jury of peers and the jury representative of the community. In some respects fairness may be promoted by a jury demographically close to the defendant (a jury of peers), and in other respects it may be improved by a diverse jury or a jury representative of the community. These effects occur only if there are real differences among demographic groups. The existence of such differences, however, means that a jury of peers cannot also be a jury representative of the community; thus, improvements in fairness along one dimension will result in reductions in fairness along the other. The author concludes that because the U.S. Supreme Court has failed to make the necessary choice among the desired effects, the new rules of jury selection promote only the appearance of fairness. 132 footnotes