NCJ Number
87231
Date Published
1982
Length
18 pages
Annotation
This commission report recommends that New York State adopt jury selection reforms, namely a modified Federal voir dire, the 'struck jury' system, and a reduced number of peremptory challenges.
Abstract
The New York State court system currently allocates 40 percent of its trial time to the examination of jurors. The commission endorses the proposals already before the legislature, i.e., that the State change to judge-conducted voir dire, with flexibility being maintained in the questioning process and supplementation by counsel being permitted at the court's discretion. The commission further recommends the adoption of the 'struck jury' system, a method of exercising challenges which allows the attorneys to know in advance the order in which the jurors will be considered and permits them to compare all prospective jurors before making their selections. This method requires only one presentation of introductory remarks by the court and one round of examination of potential jurors. Compared to other States, the number of peremptory challenges allowed in felony cases in New York State is high, and their exercise adds considerably to the time taken by voir dire. The commission recommends a reduction in the number of peremptory challenges in each of the felony categories. Moreover, to ensure flexibility after reducing challenges, it is recommended that trial judges retain the authority to add challenges in special circumstances, e.g., in multi-party cases or in cases of unusual notoriety where there has been extensive pretrial publicity. Tabular data on New York State jury selection are appended.