A
major problem in the jury process is the lack of responsiveness to juror
summons. In Montgomery County, Texas,
eighty-five percent of people that received a juror summons did not appear to
serve jury duty. In Dallas County, Texas
eighty-one percent of people that received a juror summons did not appear. There are many reasons for such low juror
turn out. But, one of the primary reasons for low juror turnout rates are that
many individuals—especially those from low socioeconomic statuses—frequently
change addresses. And, as a result, many
juror summons are undeliverable.
Typically, minorities and young people are more likely to have juror
summons be undeliverable because both of these demographics change addresses
frequently. The end result is a lower
representativeness of minorities and young people on juries. This begs the question of how to decrease the
number of undeliverable juror summons and thus increasing jury
representativeness.
A
way to solve this problem is to send a summons to an address that summons all
residents of that address above eighteen-years-old, instead of an individual
that the court hopes to be at that address.
When a juror summons is undeliverable, most likely the summons was
delivered to the juror’s last known address and the new resident at that
address informs the court that the juror no longer resides at there. This type of rule would solve several key
problems under the current system as well as create some problems of its own.
First,
undeliverable summons would almost disappear.
The juror summons problem would turn into a Willy Wonka scenario in that
whoever received the summons would have to respond—although jurors would likely
not be near as thrilled to receive a juror summons as a golden ticket. The government would no longer need to worry
about keeping current addresses on its citizens, at least for jury summons
purposes. This might also increase the
actual number of potential jurors because a summons would have the potential to
reach multiple people in a residence (e.g. husband and wife or roommates) as
opposed to only targeting one person at a residence. Only vacant properties would render summons
undeliverable, which could likely be offset by a summons acquiring more than
one juror at a residence.
Second,
minorities and young people would be more represented on juries. Jury summons would be delivered to addresses
in a low socioeconomic area or apartment complex and whoever is at that address
(likely a minority or young person) would have to respond to the summons. Thus, more summonses would reach minorities
and young people and lead to greater representation on juries.
This rule creates
two obvious problems. First, the
government would not know whom to punish for failing to appear after receiving
a summons. If a summons is sent to an
address that has residents and the residents choose to disregard the summons,
it would not be directly apparent who should be punished for such disregard. However, this can be overcome with a little
diligence from the government to discover who resided at the address at the
time the summons was sent. Also,
failures to appear are so rarely enforced that this problem might be moot. Second, an issue arises as to timeshares and
vacation properties. People who own lake
houses likely do not permanently reside at the lake house, so what happens when
a summons is sent to those residences?
One way to overcome this problem is to have the person who owns the lake
house to alert the jurisdiction that is used for vacation purposes and it is
not their primary residence. This is not
ideal, but it solves the problem.
So, in conclusion, summonsing residences will
increase juror turnout and representativeness of minorities and young people.
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