NCJ Number
45440
Journal
Law and Society Review Volume: 11 Issue: 1 Dated: (FALL 1976) Pages: 43-55
Date Published
1976
Length
13 pages
Annotation
THIS ARTICLE RECOUNTS THE DISCOVERY AND ERADICATION OF DISCRIMINATORY SELECTION PROCEDURES IN ERIE COUNTY, N.Y., THAT HAD RESULTED IN A MARKED UNDERREPRESENTATION OF WOMEN ON JURIES.
Abstract
THE DISCOVERY WAS MADE BY VOLUNTEERS ENGAGED IN A PROJECT AIMED AT ENSURING A FAIR TRIAL FOR PRISON INMATES UNDER INDICTMENT IN CONNECTION WITH THE ATTICA PRISON UPRISING. IN EXAMINING PRINTED JURY LISTS, THE VOLUNTEERS NOTICED THAT MOST JURY MEMBERS WERE WHITE MALES IN THEIR MID-40'S OR OLDER. ALTHOUGH 54 PERCENT OF THE COUNTY'S POPULATION AND 50.4 PERCENT OF ITS REGISTERED VOTERS BETWEEN THE AGES OF 21 AND 74 WERE WOMEN, ONLY 10 PERCENT OF THE JURORS WERE WOMEN. AN EXPLORATORY STUDY OF THE SELECTION PROCEDURES USED IN THE JURY COMMISSIONER'S OFFICE REVEALED THAT CLERKS WERE DELIBERATELY CHOOSING FEWER WOMEN THAN MEN IN THE INITIAL STAGE OF THE SELECTION PROCESS -- UNDERLINING NAMES IN VOTER REGISTRATION BOOKS. THE COMMISSIONER AND THE CLERKS, INFLUENCED BY THE EXISTENCE PRIOR TO 1975 OF A 'WOMEN'S EXEMPTION,' WERE SELECTING FEWER WOMEN THAN MEN BECAUSE THEY BELIEVED WOMEN WOULD BE MORE LIKELY TO CLAIM EXEMPTIONS. THIS FINDING RESULTED IN A COURT ORDER TO CLEAR THE JURY POOL AND IN THE ESTABLISHMENT OF A COMPUTERIZED SYSTEM FOR SELECTING NAMES. THE NEW SELECTION PROCEDURES, TOGETHER WITH AN AMENDED LAW FOR SEXUAL EQUALITY IN JURY SELECTION, HAVE RESULTED IN GREATER PARTICIPATION BY WOMEN ON ERIE COUNTY JURIES. IMPLICATIONS OF THE VOLUNTEER PROJECT, INCLUDING THOSE PERTAINING TO JOINT UNDERTAKINGS BY SOCIAL SCIENTISTS AND LAWYERS, ARE DISCUSSED. (LKM)