NCJ Number
45474
Date Published
1975
Length
40 pages
Annotation
THE FEASIBILITY OF REDUCING THE SIZE OF CRIMINAL TRIAL JURIES IN PENNSYLVANIA FROM 12 MEMBERS TO 6 IS EXPLORED.
Abstract
THE STANDARDS AND GOALS SET FORTH BY THE NATIONAL ADVISOR COMMISSION ON CRIMINAL JUSTICE MAINTAIN THAT JURIES IN CRIMINAL PROSECUTIONS FOR OFFENSES NOT PUNISHABLE BY LIFE IMPRISONMENT SHOULD BE COMPOSED OF FEWER THAN 12 BUT NO LESS THAN 6 PERSONS. BECAUSE ALL CRIMINAL JURY TRIALS IN PENNSYLVANIA ARE TRIED BEFORE 12-MEMBER JURIES, THAT STANDARD IS NOT BEING MET. THE PROCESS OF REDUCING JURY SIZE IS CONSIDERED FROM 5 PERSPECTIVES: THE HISTORY OF THE 12-MEMBER JURY; THE BENEFITS OF A REDUCED JURY; THE PROBABLE COSTS OF REDUCING JURY SIZE; CONSTITUTIONAL QUESTIONS: AND IMPLEMENTATION. AN ATTEMPT IS MADE TO WEIGH THE ADVANTAGES AND DISADVANTAGES OF JURY SIZE REDUCTION TO DETERMINE WHETHER REDUCTION IS BENEFICIAL AND, IF IT IS, HOW IT CAN BEST BE ACCOMPLISHED. WHILE THE BENEFITS OF JURY SIZE REDUCTION IN TERMS OF AMELIORATING SUCH PROBLEMS AS COURT DELAYS ARE CLEAR, THE COSTS INVOLVED ARE LESS OBVIOUS. ALTHOUGH IT CANNOT BE STATED THAT A 6-MEMBER JURY IS FAIRER THAN A 12-MEMBER JURY, THERE IS NO SUBSTANTIAL EVIDENCE THAT A 6-MEMBER JURY CANNOT PROVIDE A FAIR TRIAL. IT IS CONCLUDED THAT THE STANDARD REGARDING JURY SIZE REDUCTION IS A WORTHWHILE ONE. SUPPORTING DATA AND DOCUMENTATION, INCLUDING STATE-BY-STATE SUMMARIES OF LAWS PERTINENT TO JURY SIZE REDUCTION, ARE INCLUDED. A BIBLIOGRAPHY IS PROVIDED. (LKM)