NCJ Number
57294
Journal
University of Chicago Law Review Volume: 37 Issue: 1 Dated: (FALL 1969) Pages: 1-18
Date Published
1969
Length
18 pages
Annotation
DEVELOPMENT OF STATISTICAL PROOF THAT JURY SELECTION IN THE 1967 TRIAL OF DR. BENJAMIN SPOCK WAS BIASED, ACCEPTANCE OF STATISTICAL PROOF IN COURT, AND THE 1968 FEDERAL JURY SELECTION LAW ARE DISCUSSED.
Abstract
ONLY 9 OF THE 100 JURORS CALLED FOR THE SPOCK TRIAL WERE WOMEN, LEADING THE DEFENSE TO CHALLENGE THE ARRAY OF JURORS. THE DEFENSE BASED ITS CHALLENGE ON THE RESULTS OF A STATISTICAL STUDY SHOWING SYSTEMATIC BIAS AGAINST WOMEN IN THE JURY SELECTION PROCESS OF THE COURT IN WHICH SPOCK TRIED. THE STUDY INVOLVED ANALYSES OF JURY VENIRES (POOLS OF POTENTIAL JURORS) FOR THE SPOCK TRIAL JUDGE AND FOR SIX OTHER JUDGES IN THE SAME DISTRICT OVER A PERIOD OF SEVERAL YEARS. WOMEN WERE UNDERREPRESENTED IN ALL THE VENIRES STUDIED, BUT OVERWHELMINGLY SO IN THOSE OF THE SPOCK TRIAL JUDGE'S COURT. THE STATISTICS INDICATED THAT THE UNIQUELY SMALL NUMBER OF FEMALE JURORS IN THAT COURT WAS NOT A MATTER OF CHANCE. THE COURT DENIED THE DEFENSE'S MOTION FOR A NEW TRIAL, WHICH RELIED HEAVILY ON THE STATISTICAL STUDY AND THE IMPLICATIONS OF AN ALL-MALE JURY FOR THE CONTROVERSIAL CASE IN POINT. SPOCK WAS TRIED AND ACQUITTED, AND THE MATTER OF JURY SELECTION BIAS WENT NO FURTHER. HAD THE CASE REACHED THE APPELLATE COURTS, IT MIGHT HAVE OFFERED AN OPPORTUNITY TO ESTABLISH THE PRINCIPLE THAT STATISTICAL INFERENCE MAY CONSTITUTE PROOF OF AN INDIVIDUAL EVENT. CASES IN WHICH THIS PRINCIPLE WAS AN ISSUE ARE REVIEWED, AND POINTS THAT COULD HAVE BEEN RAISED IN FAVOR OF THE PRINCIPLE ON THE STRENGTH OF THE SPOCK CASE ARE NOTED. IN 1968 A FEDERAL LAW WAS PASSED PRESCRIBING NEW RULES FOR SELECTING JURIES. THE LAW ORDERS RANDOM SELECTION AND REMOVES MANY AMBIGUITIES BY REQUIRING SIMPLE, MECHANICALLY EXPECTED PROCEDURES. SINCE THE LAW WAS PASSED, THE PROPORTION OF WOMEN IN THE VENIRES OF THE COURTS STUDIED IN THE SPOCK CASE HAS INCREASED, MOST DRAMATICALLY SO IN THE COURT OF SPOCK TRIAL JUDGE. THE FEDERAL LAW, WHICH COULD HAVE THE EFFECT OF EQUALIZING OPPORTUNTIES FOR JURY PARTICIPATION THROUGHOUT SOCIETY, SHOULD SERVE AS A MODEL FOR THE STATES. GRAPHS, FOOTNOTES, AND TABLES ACCOMPANY THE TEXT. (LKM)