UNDERREPRESENTATION OF ECONOMIC GROUPS ON FEDERAL JURIES

• NCJ Number: 41651
• Journal: Boston University Law Review Volume: 57 Issue: 1 Dated: (JANUARY 1977) Pages: 198-224
• Author(s): L R HANDMAN
• Date Published: 1977
• Length: 27 pages
• Corporate Author: Boston University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

IN UNITED STATES V. MC DANIELS (1973), THE LOUISIANA DISTRICT COURT HELD THAT ACUTE UNDERREPRESENTATION OF LOW INCOME GROUPS ON THE JUROR LIST FOR THAT DISTRICT DID NOT VIOLATE THE JURY SELECTION AND SERVICE ACT OF 1968.

Abstract

THIS ACT MANDATES THE USE OF VOTER REGISTRATION LISTS AS THE INITIAL SOURCE FOR FEDERAL JURIES BUT REQUIRES THAT FEDERAL COURTS SUPPLEMENT THE VOTER LISTS WHEN THEY DO NOT REFLECT A FAIR CROSS SECTION OF THE COMMUNITY IN WHICH THE COURT CONVENES. DESPITE THE NATIONAL UNDERREPRESENTATION OF BOTH MINORITY AND LOW INCOME GROUPS ON VOTER LISTS, AND THUS ON JUROR LISTS, NO FEDERAL JUDICIARY HAS APPARENTLY READ THE SUPPLEMENTATION REMEDY OUT OF THE ACT AND HAS SACRIFICED THE CONGRESSIONAL DECLARED NATIONAL POLICY OF CROSS-SECTIONAL JURIES TO THE INTERESTS OF UNIFORMITY. CONGRESSIONAL INTENT REGARDING UNDERREPRESENTATION OF LOW INCOME GROUPS IS CLEAR. THE CROSS SECTION, AS ENVISIONED BY CONGRESS, MUST REFLECT THE ECONOMIC, AS WELL AS THE RACIAL, SEXUAL, ETHNIC, AND RELIGIOUS COMPOSITION OF THE COMMUNITY. ALTHOUGH THE MC DANIELS COURT CORRECTLY DETERMINED THAT SUPPLEMENTATION IS APPROPRIATE TO REMEDY BOTH INTENTIONAL AND UNINTENTIONAL UNDERREPRESENTATION, THE COURT RELIED UPON THE JUDICIALLY CREATED COGNIZABLE CLASS REQUIREMENT TO HOLD THAT UNDERREPRESENTATION OF LOW INCOME GROUPS CAN NOT BE REMEDIED BY SUPPLEMENTATION. YET THE COGNIZABLE CLASS REQUIREMENT SHOULD NOT PRESENT A BAR TO ADEQUATE REPRESENTATION OF LOW INCOME GROUPS. APPROPRIATELY DEFINED, THOSE GROUPS THAT CONSTITUTE COGNIZABLE CLASSES SHOULD PARALLEL THE GROUPS WHOSE REPRESENTATION CONGRESS FOUND ESSENTIAL TO THE CROSS SECTION. THE PRACTICAL PROBLEMS INHERENT IN REMEDYING UNDERREPRESENTATION OF ECONOMIC GROUPS DO NOT MILITATE AGAINST RECOGNIZING ECONOMIC STATUS AS A COGNIZABLE CHARACTERISTIC. RATHER, COURTS SHOULD WEIGH THE PROBLEMS IN DETERMINING WHETHER THE UNDERREPRESENTATION IS SUBSTANTIAL. TO CONCLUDE, AS THE MC CANIELS COURT DID, THAT SUBSTANTIAL UNDERREPRESENTATION OF LOW INCOME GROUPS ON FEDERAL JURIES CANNOT BE REMEDIED CONTRAVENES THE NATIONAL POLICY OF REPRESENTATIVE JURIES. (AUTHOR ABSTRACT)...ELW