Jury Summons

Jury Summons

Sunday, February 16, 2020

A Proposed California Law Seeks to Increase Diversity and Representativeness of Jury Pools


A proposed bill would expand the California jury pool to include state income tax filers. The bill was introduced on February 14, 2020 by California state Senator Scott Weiner. The goal of the bill is to ensure that jury pools are more diverse and demographically representative of California’s population. Currently, prospective jurors are selected from county lists of registered voters or the California Department of Motor Vehicles driver’s license and identification card lists. Senator Weiner argues that these lists are not demographically representative, and thus the jury pool pulled from these lists tend to skew whiter, wealthier, and overall less diverse that the state actually is. If the bill is passed, it would join a list of reforms aimed towards increasing the diversity and representativeness of California juries. The most recent example is allowing people with previous felony convictions to be eligible to serve on juries as long as they’re not on parole or probation and they aren’t registered felony sex offenders.
These reforms seeking to increase the diversity and representativeness of jury pools should be celebrated because a diverse, inclusive, and representative jury pool is critical to preserving the right to a fair and impartial jury. Before any further discussion takes place, some vocabulary is necessary to ensure that we are all on the same page. Diversity refers to the traits and characteristics that make people unique while inclusion refers to the behaviors and social norms that ensure people feel welcome. Representativeness is defined as the level of how well or how accurately something reflects upon a sample. So, with respect to jury pools, representativeness means the extent to which the jury pool reflects the characteristics of the community. With these concepts in mind, we return to the discussion at hand.
While it took a while for the fact to be recognized, it is now indisputable that a diverse, inclusive, and representative jury pool is critical to preserving the right to a fair and impartial jury. The importance of an impartial jury drawn from a cross-section of the community to the American tradition of trial by jury was emphasized by the Supreme Court of the United States in the 1946 case Thiel v. Southern Pacific Co. This does not mean that every jury must be representative of all the economic, social, religious, racial, political, and geographical groups of the community because this would be impossible. However, it does mean that prospective jurors should be chosen without systematic and intentional exclusion of any of these groups. This reasoning is based on the fact that jury competence is an individual rather than a group or class matter. Disregarding this fact opens the door to class distinctions and discriminations that are antithetical to the democratic ideals of trial by jury.
In addition to promoting democratic ideals, a representative jury has true utility in ensuring the justice system’s integrity and reliability. First, a representative jury confirms the legitimacy—fairness and impartiality—of the system for both the defendant and the public at large. Further, a representative jury increases the effectiveness of the jury’s fact-finding. Studies indicate that minority presence on juries allows the group to understand and appreciate different life experiences. This, by extension, helps eliminate and lessen individual biases or prejudices. Additionally, studies indicate that diverse juries have longer deliberations, discuss more case facts, make fewer inaccurate statements, and are more likely to correct inaccurate statements.
The proposed California bill is an important step towards ensuring that jury pools are more diverse, inclusive, and representative. However, on a nationwide basis, there is still more to be done. In the federal system, potential jurors are selected from registered voters and individual courts may supplement the list with names from driver’s license and identification card lists. Similarly to the proposed California bill, the federal jury pool should be expanded to include federal income tax filers that reside in the federal court’s jurisdiction. Additionally, while people who have previously been convicted of a felony can serve on federal juries if their civil rights have been restored, restoration of civil rights depends on state law
At the state level, states that have a state income tax should expand their jury pools to state income tax filers. States that do not have a state income tax should expand their jury pools to include federal income tax filers that reside in the jurisdictions of corresponding state courts. Further, around 30 states prohibit people who have previously been convicted of a felony from serving on juries, nine of which are lifetime bans. These states should enact legislation that allows people who have been previously convicted of a felony to serve on juries if they meet certain qualifications set by their respective states. These reforms would ensure that jury pools are more diverse, inclusive, and representative of their corresponding communities, which is critical to the right to a fair and impartial jury.

No comments:

Post a Comment