REPRESENTATIVENESS ON JURIES

1. Is it important for a cross-section of the community to be represented on juries?

2. What are the consequences of an absence of diverse representation on juries?

3. What reforms to the jury system are either desirable or possible?

Within the context of the research questions stated above, it is hypothesized that cross-sectional representation on juries is essential to retain public confidence in the judicial system. It is further hypothesized, however, that the cause of justice is not particularly well served by jury diversification.

Most Americans are under the impression that the Constitution of the United States guarantees all residents of the country a right to a trial by a jury of one's peers, or equals. In fact, the Constitution provides no such guarantee. Section 2.3, Article III of the Constitution does state that the trial of all crimes (except impeachment) will be by jury, and that such trial will be held in the state where the crime was committed. The Sixth Amendment to the Constitution amplifies this right by stating that the jury in criminal trials will be "impartial." Impartial, however, does not mean equal. The Seventh Amendment to the Constitution extends the right of trial by jury to civil cases "where the controversy shall exceed twenty dollars." T

. . .
he eighteenth century, and remains, in the last half of the twentieth century, one of the central difficulties of the Madisonian theory. It is difficult to protect the natural rights of individuals within a political system, when the individual members of the system do not agree as to just what those natural rights are. Nevertheless, through its practice of compromise, that is what the early American political system attempted to do and that is what the American political system in the last decade of the twentieth century continues to attempt to do. The developers of the early American political system recognized that tyranny could come from any quarter. In this context, Alexander Hamilton said that if all power is given to the many, they will oppress the few, and if all power is given to the few they will oppress the many. Having said that tyranny could come from any quarter, however, the framers of the American Constitution displayed a far greater fear of legislative tyranny than of executive or judicial tyranny. One of the major conditions required in order for a republican political structure to prevent tyranny is the control of factions within the politica
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Some common words found in the essay are:
American Constitution, United Britain, Epstein Rowland, Amendment Constitution, American Madisonian, , Law Criminology, James Madison, Law Contemporary, Constitution United, power elite, political system, pluralist model, elite pluralist, american political, elite pluralist model, equal protection, american political system, contingency fee system, representation juries, fee system, contingency fee, establishment power elite, jury system, equal protection clause,
Approximate Word count = 2954
Approximate Pages = 12 (250 words per page)

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