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ONE DAY/ONE TRIAL OR A ONE WEEK TERM OF JURY SERVICE THE MISLEADING MARKETING OF MODERN JURY MANAGEMENT SYSTEMS

NCJ Number
67476
Journal
Missouri Law Review Volume: 45 Issue: 2 Dated: (SPRING 1980) Pages: 255-280
Author(s)
M H GRAHAM; R S POPE
Date Published
1980
Length
26 pages
Annotation
WHILE LAUDING THE JURY MANAGEMENT IMPROVEMENTS BROUGHT ABOUT BY THE 1 DAY/1 TRIAL REFORM, THIS ARTICLE ADVOCATES THE EVEN GREATER ADVANTAGES OF A 1-WEEK TERM FOR JURY DUTY AND DISCUSSES OTHER JURY MANAGEMENT INNOVATIONS.
Abstract
THE REFORM MOVEMENT OF 1 DAY/1 TRIAL, BY WHICH AN INDIVIDUAL JUROR'S SERVICE IS LIMITED TO EITHER A SINGLE TRIAL OR A SINGLE DAY IN THE COURTHOUSE, HAS INCREASED JUROR SATISFACTION AND SAVED THE JUDICIAL SYSTEM SUBSTANTIAL TIME, ENERGY, AND MONEY. ALTHOUGH THIS METHOD REPRESENTS INDISPUTABLE IMPROVEMENT OVER TRADITIONAL JURY MANAGEMENT, WASTEFUL OF BOTH JUROR TIME AND COURT FUNDS, THE TERM OF SERVICE IS NOT THE ONLY FACTOR CONTRIBUTING TO THE EFFICIENCY OF NEWLY REFORMED JURY MANAGEMENT SYSTEMS. ALSO STREAMLINING JURY SELECTION AND SUMMONING ARE MULTIPLE SOURCE LISTS, COMPUTERIZED FORMULATION OF MASTER LISTS, QUALIFICATION QUESTIONNAIRES ADMINISTERED BY MAIL, PRECISION SUMMONING IN AGREEMENT WITH TRIAL SCHEDULES, AND USE OF POSTCARDS FOR ECONOMICAL SUMMONING. JUROR UTILIZATION IMPROVEMENTS INCLUDE STRICT TRIAL SCHEDULING, STANDARDIZED ENROLLMENT AND ORIENTATION PROCEDURES, FLEXIBLE IMPANELMENT, STANDBY JURORS, DISMISSALS WITHOUT PAY, AND EXIT QUESTIONNAIRES TO MEASURE JUROR ATTITUDES TOWARD JURY DUTY. ALTHOUGH MANY COURTS WITH NEWLY IMPLEMENTED 1 DAY/1 TRIAL PRACTICES REPORT COST SAVINGS, THESE MUST BE DUE TO A COMBINATION OF OTHER MANAGEMENT TECHNIQUES, SINCE THE SHORTENED TERM ACTUALLY INCREASES THE NUMBER OF JURORS NEEDING TO BE SUMMONED AND PROCESSED. FAR GREATER SAVINGS COULD BE ACHIEVED BY EMPLOYING A 1-WEEK TERM OF JURY SERVICE. MOREOVER, THIS PRACTICE WOULD ALLEVIATE THE THREE WORST JUROR COMPLAINTS: WASTED TIME, SERVICE TERMS THAT ARE TOO LONG, UP TO 3 WEEKS OR MORE), AND NEVER SITTING ON A TRIAL DESPITE THE TIME SPENT. BY FAR THE GREATEST ADVANTAGE OF 1-WEEK JURY DUTY WOULD BE THE PROBABILITY OF GETTING EVERY JUROR TO ACTUALLY SIT ON A TRIAL, OFTEN A SATISFYING AND EDUCATIONAL EXPERIENCE. FOOTNOTES ARE INCLUDED. (MRK)