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Journal Article

Racial Jurymandering: Cancer or Cure? A Contemporary Review of Affirmative Action in Jury Selection

01 Jan 1993-New York University Law Review (New York University Law Review)-Vol. 68, pp 707
About: This article is published in New York University Law Review.The article was published on 1993-01-01 and is currently open access. It has received 22 citations till now. The article focuses on the topics: Jury selection & Affirmative action.

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Journal ArticleDOI
TL;DR: In this article, the obstacles that stand in the way of jury diversity and typically, by association, jury representativeness are reviewed, ranging from system-related problems regarding jury source lists and summonses to more psychological considerations such as the pervasive, yet difficult-to-identify impact of race on attorneys' jury selection judgments.
Abstract: One of the ideals underlying any jury system is that those groups of citizens charged with the responsibility of deciding cases should be representative of the communities from which they are selected. Anecdotal and empirical data suggest that reality often falls short of this ideal, however, as many empanelled juries are less diverse than community demographics would dictate. This article reviews the obstacles that stand in the way of jury diversity and typically, by association, jury representativeness. These range from system-related problems regarding jury source lists and summonses to more psychological considerations such as the pervasive, yet difficult-to-identify impact of race on attorneys' jury selection judgments. Drawing on psychological theory and findings, the implications of the failure to empanel diverse juries are also examined, both in terms of laypeople's attitudes toward the legal system as well as the actual decision-making performance of juries. Policy changes intended to promote diverse, representative juries are considered, as are specific directions for future research.

27 citations


Cites background from "Racial Jurymandering: Cancer or Cur..."

  • ...…a citizen from jury duty, including lack of English proficiency, a felony criminal history, transportation difficulties, and financial hardship; many of these characteristics are more common among lowSES individuals and particular racial/ethnic minority groups (Fukurai et al., 1993; King, 1993b)....

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  • ...…selection, including more frequent address updates, increased financial compensation for jury duty, stratified sampling, and even decreasing the number of White names on the source list in order to achieve a better racial balance (see Cohn & Sherwood, 1999; Ellis & Diamond, 2003; King, 1993b)....

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  • ...When the trial was moved from Los Angeles to predominantly White Ventura County and ended with acquittals on most counts, outrage and rioting ensued in African-American neighborhoods (see King, 1993a)....

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  • ...Policymakers, judges, and legal scholars have proposed a range of potential solutions for these difficulties related to source list creation and random selection, including more frequent address updates, increased financial compensation for jury duty, stratified sampling, and even decreasing the number of White names on the source list in order to achieve a better racial balance (see Cohn & Sherwood, 1999; Ellis & Diamond, 2003; King, 1993b)....

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  • ...There are a variety of responses on this questionnaire that may disqualify a citizen from jury duty, including lack of English proficiency, a felony criminal history, transportation difficulties, and financial hardship; many of these characteristics are more common among lowSES individuals and particular racial/ethnic minority groups (Fukurai et al., 1993; King, 1993b)....

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Journal Article
TL;DR: In this article, the authors assess community justice practices such as community prosecution, community courts, sentencing circles, and citizen reparative boards and conclude that they have structural and procedural defects that should bar their use for serious crime.
Abstract: In recent years, a series of crime control practices known collectively as community justice have reintroduced rehabilitation and discretion to control certain minor crimes. This parallel system for approaching minor crime has oourished, even as the mainstream criminal system faces a crisis of legitimacy. This Article examines whether we can apply aspects of the community justice movement to improve the processing of serious crime in the mainstream criminal system. It assesses current community justice practices—community prosecution, community courts, sentencing circles, and citizen reparative boards—and ands that they have structural and procedural defects that should bar their use for serious crime. However, the chief innovation of the community justice movement—localized, popular decision-making—would alleviate many of the problems facing the criminal justice system. The Article argues that it may be possible to implement the goals of community justice while avoiding the defects of the current reform initiatives by restructuring the grand jury procedure and permitting local communities to sentence offenders.

19 citations

Journal ArticleDOI
TL;DR: The authors compared the racial diversity of venires to that of panels, and both to the general population, to identify the steps in the jury-selection process that appear to be most strongly implicated in the loss of minorities.

19 citations


Cites background or methods from "Racial Jurymandering: Cancer or Cur..."

  • ...Jury ‘whitening’: causes of lost diversity Most juries in most locations throughout the US are majority white (Fukurai and Davies 1997; King 1993; Wilkenfeld 2004)....

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  • ...Minority under-representation further alienates minority citizens from the criminal-justice system (King 1993)....

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  • ...Calls have gone out for race-conscious methods of selecting and summonsing minorities (Wilkenfeld 2004), a plan that has been dubbed ‘jurymandering’ (King 1993)....

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01 Mar 2015
TL;DR: Silence is a nonverbal pressure for this unwelcome silence to go away; silence is an anxiety that erupts in its listeners, urging an explanation as discussed by the authors, and silence is a form of isolation to elicit compliance or expose hidden motives.
Abstract: We humans are a verbal species, so verbal in fact, that the very absence of sound makes us nervous. This verbal world—so dependent on manifest explanation—makes silence one of the most effective means of communication (even though it appears to communicate nothing at all). Silence is a nonverbal pressure for this unwelcome silence to go away; silence is an anxiety that erupts in its listeners, urging an explanation. Silence is a stranger to the night watches of nonverbal meaning, requiring that silence approach—and be identified. Silence is a form of isolation to elicit compliance or expose hidden motives. Silence is a group response to that group's rejection, by not becoming witnesses against their failure to cope with rejection. Silence is a conundrum during global conflicts needing resolution, because it may either escalate or de-escalate conflict via advertent (or inadvertent) ambiguity . Silence is a lure , and rhythmic interruptions by experts in silence can use it to agitate the keepers of secrets, thus aiding interrogation. No matter what the motive, silence is an in invisible tool made of missing sound, and the language of silence is spoken by all; once silence is here, its missing explanation is too absent to ignore.

18 citations


Cites background from "Racial Jurymandering: Cancer or Cur..."

  • ...In addition, like the scientific struggle to “arrange randomness,” jurymandering struggles to arrange judicial outcomes via selective jury selection (King, 1993)....

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  • ...The more consoled and non-seeking of conversation we were before we became alone, the more inconsolably seeking we will become when we find ourselves suddenly alone (Kübler-Ross & Kessler, 2005). But even in such a lonely silence, Klass (1993) spoke of continuing bonds, the phenomenon of affective feedback that just cannot let go, bonds between persons whose futures were once inseparably entangled....

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