Felons as Jurors: A Right or a Bad Idea?

       In late 2018, State Senator Brian Benjamin from Harlem, New York introduced a bill that would allow convicted felons to serve on juries once the felon has completed "any sentencing related to such conviction, including any period of probation or parole."  Ironically, much of the general public may think of jury service as an additional punishment.  But to ex-cons who feel their civil liberties were stripped away from them during their incarceration, jury service may be a welcomed exercise of freedom.  Is it improper for those who have been judged to sit in judgment of others?  Or has all been forgiven once their debt to society has been repaid?

Maine: A Case Study

       Currently, all states but Maine impose some sort of jury service prohibition on people with past felony convictions.  In Texas, the rule is blunt: any person convicted of a felony cannot be a jury member.  But the positive impact of felons serving on Maines' juries has been researched.  The results may (or may not) surprise you:

• A 2017 study found that ex-cons wanted to live up to their perception of an ideal, responsible, and impartial juror.
• Another report held that the involvement of felons in the jury pool improved the perceptions of trial judges, prosecutors, and defense attorneys, with these individuals viewing the newly selected jurors as individuals, rather than mere criminals.  
• Felons in Maine also have been found to raise "more novel case facts" and speak "for longer as a proportion of deliberation time" than non-felons, showing a unique level of engagement with the process.  A phenomenon frequently discussed in our class, jury duty is often taken for granted by the general population.

The results of these studies suggest that felons may in fact appreciate this right more than the average person, and that their desire to be reintegrated as a member of their peers encourages meaningful participation.

One Step Forward, Two Steps Back?

       Bias pervades our view of others (whether intentionally or not), and this is especially true for criminals.  What if these convicted felons harbor resentment towards the system?  What if they will tend to lean in favor of the accused, and ignore overwhelming evidence out of spite?  Once again, research shows that these concerns are largely unwarranted:

• One third of felons have been shown to be neutral or side with the prosecution.
• Unlike their non-convicted cohorts--who often equate the severity of the charged crime with the likelihood of the accused's guilt--felons with familiarity with the criminal justice system may be less biased.  The common phrase "it takes one to know one" can indeed serve true and useful in this context.  Felons appear to be willing and more able than other jurors to respect the burden of proof.
• Moreover, a felon's service could improve their post-release attitudes and reduce recidivism.

With such a low turnout of jurors generally, who are we to stop these eager citizens?  Perhaps we are actually doing a greater disservice to our justice system and communities by prohibiting this segment of the population from otherwise protected civic participation.

If you are a convicted felon or have a family member/friend/etc. that is and you would like to share your perspective on this topic, post a comment below.

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