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NCJ Number: 47713 Find in a Library
Title: AMERICAN JURY (FROM READINGS IN CRIMINAL JUSTICE, 1978-1979 - ANNUAL EDITIONS, BY DONAL E J MACNAMARA - SEE NCJ-47702)
Author(s): J VAN DYKE
Corporate Author: Dushkin/McGraw Hill Publishing Group, Inc
United States of America
Date Published: 1978
Page Count: 12
Sponsoring Agency: Dushkin/McGraw Hill Publishing Group, Inc
Guilford, CT 06437
Type: Historical Overview
Format: Document
Language: English
Country: United States of America
Annotation: THE HISTORY OF JURIES IN THE UNITED STATES IS TRACED, ISSUES RELATED TO JURY IMPARTIALITY, INDEPENDENCE, AND REPRESENTATIVENESS ARE DISCUSSED, AND STEPS TO ASSURE REPRESENTATIVE JURIES ARE SUGGESTED.
Abstract: IN SEVERAL HIGHLY PUBLICIZED TRIALS, THE DEFENSE HAS USED SOPHISTICATED, EXPENSIVE MEANS TO SECURE A SYMPATHETIC JURY. ALTHOUGH THESE METHODS ORIGINALLY WERE A RESPONSE TO THE GOVERNMENT'S ACTIONS OR SIMPLY ADVANTAGE IN THE OPPOSITE DIRECTION, THEIR APPLICATION BY THE DEFENSE MAY CAST NEW DOUBTS ON THE IMPARTIALITY OF THE JURY. THE JURY'S IMPARTIALITY MUST BE ASSURED BY ITS INDEPENDENCE FROM OUTSIDE INFLUENCE. BOTH IMPARTIALITY AND INDEPENDENCE MUST IN TURN BE ASSURED BY JURY REPRSENTATIVENESS. A REVIEW OF APPROACHES TO JURY SELECTION CONCLUDES THAT THE JURY REPRESENTING A CROSS SECTION OF THE COMMUNITY, RANDOMLY SELECTED, CONFORMS TO THE REQUIREMENTS OF A PLURALISTIC SOCIETY AND A DEMOCRATIC GOVERNMENT. THE FOLLOWING STEPS SHOULD BE TAKEN TO ASSURE JURY REPRESENTATIVENESS: (1) THE LISTS FROM WHICH JURORS ARE SELECTED SHOULD BE AS COMPLETE AS POSSIBLE; (2) NO EXCUSES (EXCEPT IN CASES OF MEDICAL HARDSHIP) SHOULD BE GRANTED TO ANYONE SUMMONED FOR JURY DUTY WITH THE MONETARY COMPENSATION INCREASED TO ALLEVIATE ECONOMIC HARDSHIP; (3) THE QUESTIONING OF JURORS, AND PARTICULARLY THE USE OF PEREMPTORY CHALLENGES, SHOULD BE CURTAILED; (4) SPECIAL PROBLEMS IN IMPANELING JURIES FOR POLITICAL TRIALS SHOULD BE ADDRESSED IN SUCH A WAY AS TO PROMOTE REPRESENTATIVENESS; (5) THE CONCEPT OF THE JURY OF 12 RENDERING A DECISION BY UNANIMOUS VERDICT SHOULD BE PRESERVED; AND (6) THE BURDEN OF CHALLENGING JURY SELECTION PROCEDURES SHOULD BE EASED. (LKM)
Index Term(s): Juries; Jury selection
Note: REPRINT FROM THE CENTER MAGAZINE (MAY/JUNE 1977)
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=47713

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