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JURY SELECTION - FRANCE

NCJ Number
44119
Journal
Annales Internationales de Criminologie Volume: 15 Issue: 1 Dated: (1976) Pages: 63-94
Author(s)
C BARBERGER
Date Published
1976
Length
32 pages
Annotation
METHODS OF JURY SELECTION IN THE RHONE REGION OF FRANCE ARE EXAMINED; THE SYSTEM OF JUROR LIST PREPARATION IS DESCRIBED FROM RESULTS OF A SURVEY CONDUCTED AMONG FRENCH MAYORS AND MAGISTRATES.
Abstract
DECISIONS IN FRENCH 'COURS D'ASSISES' (ASSIZE COURTS), WHICH MEET AT LEAST FOUR TIMES PER YEAR AND TRY CRIMINAL CASES AS OPPOSED TO MINOR INFRACTIONS OR MISDEMEANORS, ARE RENDERED BY A 12-MEMBER PANEL, COMPOSED OF 3 JUDGES AND 9 JURY MEMBERS FROM THE GENERAL PUBLIC. THE MEMBERS OF THE TRIAL JURY ARE CHOSEN FROM A MASTER LIST FOR EACH COURT SESSION BY DRAWING LOTS; THE SESSION LIST IS ITSELF COMPILED BY DRAWING LOTS FROM ANNUAL LISTS SUPPLIED BY THE PROVINCIAL COMMISSION AT THE SEAT OF THE COURT OF APPEALS. LOCAL COMMISSIONS IN THE COUNTY COURT SEATS ARE RESPONSIBLE FOR DRAWING UP THE PREPARATORY LISTS FROM WHICH ALL THE SUBSEQUENT LISTS ARE DERIVED. PREPARATORY LISTS WERE FOUND TO BE UNREPRESENTATIVE OF THE POPULATION OF THE RHONE PROVINCE IN RELATION TO THE FOUR VARIABLES SHOWN ON THE LISTS: AGE, SEX, SOCIO-PROFESSIONAL CATEGORY, AND GEOGRAPHIC ORIGIN. A SAMPLE OF 47 MAGISTRATES AND MAYORS FROM COMMUNITIES IN THE LYON VICINITY WHO ORIGINALLY SUBMITTED NAMES FOR THE 1970-1972 COURS D'ASSISES PREPARATORY LISTS WAS SURVEYED AS TO RECRUITMENT OF JURORS, METHODS OF DESIGNATING JURORS, AND CRITERIA FOR 'GOOD JURORS.' RESULTS SHOW THAT 10 PERCENT OF THE ELIGIBLE JURORS LISTED ARE CHOSEN AT RANDOM FROM ELECTORAL LISTS; A MARGINAL PROPORTION OF THOSE ON THE LISTS ARE VOLUNTEERS; AND CRITERIA USED TO ELIMINATE POTENTIAL JURORS FROM THE LISTS ARE PROFESSION, AGE (I.E., YOUNG PERSONS OR SENIOR CITIZENS), SEX (FEMALES ARE NOT CHOSEN IN PROPORTION TO POPULATION FIGURES), POLITICAL AFFILIATION, AND 'LACK OF MODERATION' OR MORAL CHARACTER. IT IS CONCLUDED THAT THE RHONE JURIES ARE JURIES OF REPRESENTATIVES BUT ARE NOT REPRESENTATIVE OF THE WHOLE POPULATION. SUPPORTING DATA ARE PRESENTED IN TABULAR FORM. --IN FRENCH.

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