NCJ Number
45439
Journal
Law and Society Review Volume: 11 Issue: 1 Dated: (FALL 1976) Pages: 9-41
Date Published
1976
Length
33 pages
Annotation
MODELS OF THE JURY SELECTION PROCESS IN A FEDERAL COURT ARE DEVELOPED FROM COURT RECORDS, LEGAL STANDARDS, AND OTHER INFORMATION AND ARE COMPARED TO DETERMINE POSSIBLE SOURCES OF BIAS.
Abstract
WHEREAS OTHER STUDIES HAVE FOCUSED ON COMPARISONS BETWEEN THE COMPOSITION OF JURY POOLS AND THE GENERAL POPULATION, THIS STUDY ATTEMPTS TO MODEL AND EXAMINE EMPIRICALLY EACH STAGE OF THE JURY SELECTION PROCESS TO ISOLATE THE STAGES THAT ACCOUNT FOR WHATEVER BIAS MAY EXIST. THE CONSTITUTIONAL STANDARD -- THAT QUALIFIED JUROR LISTS PROVIDE A FAIR CROSS SECTION OF THE COMMUNITY -- IS USED TO DEFINE THE NORMATIVE IDEAL OF AN UNBIASED (FAIR) SELECTION PROCESS. THIS NORM IS COMPARED STATISTICALLY WITH PRACTICES IMPLEMENTING THE 1970 PLAN FOR RANDOM SELECTION OF JURORS IN EASTERN MASSACHUSETTS. THE SOURCES OF THE SELECTION PROCESS (VOTER REGISTRATION LISTS), ITS ACTUAL PROCEDURES, ITS NORMATIVE BASIS, AND ITS OUTPUTS ARE INVESTIGATED. FINDINGS SUPPORTS THE HYPOTHESIS THAT THE JUROR SELECTION PROCESS EFFECTIVELY DISCRIMINATES AGAINST THE POOR, THE YOUNG, RACIAL MINORITIES, WOMEN, AND PERSONS WITH LOW OR HIGH EDUCATIONAL ATTAINMENT. SOURCES OF BIAS ARE FOUND IN THE USE OF OUTDATED VOTER REGISTRATION LISTS, UNRETURNED JURY QUALIFICATION QUESTIONNAIRES, AND THE EXCUSE PROCESS. WAYS OF REDUCING BIAS ARE SUGGESTED. SUPPORTING DATA AND A LIST OF REFERENCES ARE INCLUDED. (AUTHOR ABSTRACT MODIFIED--LKM).