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Trial By Peers? The Composition of New Zealand Juries

NCJ Number
156937
Author(s)
S Dunstan; J Paulin; K Atkinson
Date Published
1995
Length
207 pages
Annotation
The composition of juries in New Zealand is explored.
Abstract
This publication presents the results of research originally designed to find out whether Maori were under- represented on jury panels, but subsequently was extended to answer whether juries were broadly representative of the populations from which they were drawn. In the second half of 1993, a survey was conducted which gathered information on the potential jurors' ethnic group, gender, age, occupational group, and employment status. This information was compared with the relevant populations from the jury districts. In addition, the survey gathered data on the use of the peremptory challenge by counsel for the prosecution and defense, and the effect this had on the composition of juries. Specific foci of the survey included: the comparatively high proportion of challenges on Maori men and the effect an increase in the size of jury districts would have on the proportions of Maori within the jury district populations. Interviews were conducted with judges, court staff, and prosecution and defense counsel. Research methodology is described. Results indicate that the pool of potential jurors does not represent all eligible groups of society; the juries were not representative of the jury pool; and the juries were not representative of the populations in the jury districts from which the jurors were drawn. Recommendations for remedial actions are provided. Sample survey instruments are included. Tables, figures, references, appendixes

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