REPRESENTATIVENESS ON JURIES

This research examines the issue of representativeness on juries. Of particular interest in this examination are the following questions:

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

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Category: Government - R