Jury in a Criminal Case: Obstacles to Impartiality

• NCJ Number: 114579
• Journal: Criminal Law Bulletin Volume: 24 Issue: 6 Dated: (November-December 1988) Pages: 492-520
• Author(s): M H Levin
• Date Published: 1988
• Length: 29 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Type: Issue Overview
• Language: English
• Country: United States of America

Annotation

The author questions whether the United States judicial system provides the criminal defendant with the impartial jury the Constitution guarantees and, if there is deprivation of an impartial jury, whether one can justify this deprivation on grounds of economics or efficiency.

Abstract

While the author admits there is probably no way to assure a truly impartial jury in all criminal cases, impartiality is an ideal to strive for. He suggests, for example, an expansion in the sources for jury lists, convicting criminal defendants with non-unanimous 12-member juries, and the abolition of peremptory challenges as ways of moving closer to the ideal. (Author abstract)