ELIMINATING EXEMPTIONS FROM JURY DUTY - WHAT IMPACT WILL IT HAVE?

• NCJ Number: 56499
• Journal: Judicature Volume: 62 Issue: 9 Dated: (APRIL 1979) Pages: 436-448
• Author(s): D W BROWN
• Date Published: 1979
• Length: 13 pages
• Corporate Author: American Judicature Soc
• Sale Source: American Judicature Soc; UMI Dissertation Services; Institute for Scientific Information
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America
• Note: BACK ISSUE

Annotation

A STUDY WAS CONDUCTED IN RIVERSIDE COUNTY, CALIF., TO DETERMINE CHANGES THAT HAVE OCCURRED IN JURY MAKEUP AND TRIAL OUTCOMES SINCE A 1975 RULE ELIMINATED CERTAIN OCCUPATIONAL EXEMPTIONS FROM JURY DUTY.

Abstract

BEFORE THE 1975 RULING, PERSONS IN SERVICE OCCUPATIONS SUCH AS GOVERNMENT OFFICIALS, PHYSICIANS, TEACHERS, MINISTERS, MILITARY OFFICERS, AND ATTORNEYS WERE EXEMPTED FROM JURY DUTY. BUT IN 1975, THE U.S. SUPREME COURT DECIDED THAT THE SELECTION OF A PETIT JURY FROM A REPRESENTATIVE CROSS SECTION OF THE COMMUNITY IS AN ESSENTIAL COMPONENT OF THE SIXTH AMENDMENT. CALIFORNIA IN TURN REVISED ITS EXEMPTION LAW, SUBSTITUTING ONE SINGLE CRITERION: 'UNDUE HARDSHIP ON THE PERSON OR THE PUBLIC SERVED BY THE PERSON.' TO DISCOVER THE EFFECTS OF THIS REVISION, RESEARCHERS CONDUCTED AN EXPLORATORY STUDY IN RIVERSIDE COUNTY FOCUSING ON THREE ISSUES: (1) THE EFFECT OF THE EXEMPTION CHANGE ON THE OCCUPATIONAL MAKEUP OF JURY VENIRES; (2) THE EFFECT OF A NEW COMPOSITION OF JURY VENIRES ON ACQUITTAL RATES IN JURY TRIALS; AND (3) THE REPRESENTATIVENESS OF 1974 AND 1976 VENIRES IN TERMS OF OCCUPATION, AGE, AND SEX OF THE GENERAL POPULATION. RESEARCHERS RECORDED THE AGE, SEX, AND OCCUPATION OF A RANDOM SAMPLE OF 200 PERSONS CHOSEN FROM AMONG THE 2,000 PROSPECTIVE JURORS CALLED UP IN 1974 AND 1976. THEY ALSO GATHERED DATA FROM COURT RECORDS AND THE STATE'S BUREAU OF CRIMINAL STATISTICS ON TRIALS IN 1972, 1973, 1974, AND 1976. ANALYSIS OF THE INFORMATION INDICATES THAT THE OCCUPATIONAL DIFFERENCES OF JURORS BETWEEN 1974 AND 1976 ARE SMALL, ALTHOUGH THE 1976 SAMPLE DOES INCLUDE MEMBERS OF OCCUPATIONS THAT HAD BEEN PREVIOUSLY EXEMPTED FROM JURY SERVICE. THE PROPENSITY OF JURORS TO ACQUIT DID INCREASE, FROM 21 PERCENT TO 26 PERCENT BETWEEN 1974 AND 1976, BUT FACTORS SUCH AS MAJOR CHANGES IN EVIDENCE RULES AND ALTERATIONS IN DATA MEASURING INSTRUMENTS MAY HAVE AFFECTED THIS INCREASE. FINALLY, IN TERMS OF SEX AND MEDIAN AGE, RIVERSIDE PROSPECTIVE JURORS IN 1974 AND 1976 RESEMBLED THE COUNTY'S POPULATION AS OF THE 1970 CENSUS. TABULAR DATA AND NOTES ARE PROVIDED. (DAG)