Chapter 7 Selection of the Trial Jury: Peremptory Challenges
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Random Selection in Politics
Random selection in politics Lyn Carson and Brian Martin Published in 1999 by Praeger Publishers, Westport, CT Available for purchase from Praeger This is the text submitted to Praeger in February 1999. It differs from the published version in minor ways, including formatting, copy-editing changes, page numbering (100 pages instead of 161) and omission of the index. This version prepared August 2008 Contents 1. Introduction 1 2. Random selection in decision making 10 3. Direct democracy 26 4. Citizen participation without random selection 36 5. Citizen participation with random selection: the early days 43 6. Citizen participation with random selection: yesterday, today, and tomorrow 52 7. Sortition futures 65 8. Strategies 76 Appendix: Examples of citizen participation 84 Bibliography 93 Acknowledgments Brownlea, John Burnheim, Ned Crosby, Many people we’ve talked to find the Jim Dator, Mary Lane, Marcus Schmidt, idea of random selection in politics and Stuart White. Their input was unnatural and unwelcome. This didn’t valuable even when we decided on an deter us! Fortunately, there were a few alternative approach. Helpful comments enthusiasts who got and kept us going. were also received from Ted Becker, Alan Davies, Fred Emery, and Merrelyn Stephen Healy, Lars Klüver, and Ken Emery provided the original inspiration Russell. Others who provided many years ago as well as ongoing information are acknowledged in the conversations. text. The process of obtaining comments Ted Becker encouraged us to write has been stimulating because not all this book. On drafts, we received readers go with us all the way on extensive comments from Arthur randomness. -
Jury Selection in Federal Court
Resource ID: 1-613-5747 Jury Selection in Federal Court JONATHAN S. TAM, DECHERT LLP, WITH PRACTICAL LAW LITIGATION Search the Resource ID numbers in blue on Westlaw for more. This Practice Note addresses selecting a jury Exercising juror challenges (see Exercising Juror Challenges). in a federal civil case, including the applicable Conducting post-trial interviews (see Conducting Post-Trial Interviews). rules on picking a jury, the process and method for jury selection, researching prospective OVERVIEW OF THE JURY SELECTION PROCESS jurors and building juror profiles, conducting Although how a jury is selected varies among courts and judges, the voir dire, exercising peremptory challenges, process in federal court generally occurs in the following order: The court may first mail a preliminary, administrative questionnaire challenges for cause, and Batson challenges, to a randomly selected pool of prospective jurors from registered and interviewing jurors post-trial. voter or licensed driver lists to determine if these individuals appear qualified for federal jury service based on their age and ability to understand English (see Juror Qualifications). The prospect of a jury trial often keeps counsel and their clients The court mails summonses to an initial pool of randomly selected awake at night. Juries can be unpredictable, and jurors may have prospective jurors. The court then randomly selects a narrower preconceived ideas or biases that can escape counsel during the pool of prospective jurors from the initial pool, and calls them for a selection process. Some cases may be won or lost during jury specific case. selection, before opening statements or a single piece of evidence The judge presiding over the case determines whether any jurors is introduced. -
Local Criminal Rules
LOCAL CRIMINAL RULES UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA Mark C. McCartt, Clerk of Court Effective Date: September 26, 2016 Table of Contents Table of Contents 2 Intro 5 Counties 6 I. SCOPE OF RULES 7 LCrR1. Scope; Application. 7 1.1 Title and Citation. 7 1.2 Effective Date. 7 1.3 Application of Rules. 7 1.4 Electronic filings. 7 1.5 Judicial Waiver. 7 1.6 Forms and General Orders. 7 1.7 United States Magistrate Judges. 7 II. INITIAL APPEARANCE, ARRAIGNMENT, AND PRELIMINARY HEARINGS 7 LCrR5. Initial Appearance Before Magistrate Judge. 7 5.1 Time and Place of Initial Appearance. 7 5.2 Initial Interview of Defendant by U.S. Probation Officers. 8 5.3 Preparation of the Financial Affidavit. 8 5.4 Appearance on a Summons. 8 5.5 Unsealing Case. 8 LCrR6. Grand Jury. 8 6.1 Release of Grand Jury Material to U.S. Probation Officer. 8 LCrR7. Complaint, Indictment, and Information. 8 7.1 Delivery of a Complaint After Filing. 8 7.2 Related Case Notices. 9 7.3 Return of Indictments. 9 7.4 Delivery of an Information After Filing. 10 7.5 Random Assignment of District Judges. 10 LCrR10. Arraignment 10 10.1 Waiver of Appearance. 10 III. PREPARATION FOR TRIAL 10 LCrR11. Plea Agreements. 10 11.1 Providing Plea Agreements to the Court. 10 11.2 Notification of a Change of Plea. 10 11.3 Petition to Enter a Plea of Guilty. 10 11.4 Deferring Acceptance or Rejection of Plea Agreements. 10 LCrR12. Disclosure Statement. -
Peremptoary Challenges in Criminal Cases: a Comparison of Regulation in the United States, England, and Canada
Loyola of Los Angeles International and Comparative Law Review Volume 16 Number 1 Symposium on Religious Law Article 6 11-1-1993 Peremptoary Challenges in Criminal Cases: A Comparison of Regulation in the United States, England, and Canada Judith Heinz Follow this and additional works at: https://digitalcommons.lmu.edu/ilr Part of the Law Commons Recommended Citation Judith Heinz, Peremptoary Challenges in Criminal Cases: A Comparison of Regulation in the United States, England, and Canada, 16 Loy. L.A. Int'l & Comp. L. Rev. 201 (1993). Available at: https://digitalcommons.lmu.edu/ilr/vol16/iss1/6 This Notes and Comments is brought to you for free and open access by the Law Reviews at Digital Commons @ Loyola Marymount University and Loyola Law School. It has been accepted for inclusion in Loyola of Los Angeles International and Comparative Law Review by an authorized administrator of Digital Commons@Loyola Marymount University and Loyola Law School. For more information, please contact [email protected]. NOTES AND COMMENTS Peremptory Challenges in Criminal Cases: A Comparison of Regulation in the United States, England, and Canada I. INTRODUCTION A. Peremptory Challenges: Eliminated or Regulated? In Batson v. Kentucky,1 United States Supreme Court Justice Thurgood Marshall urged that only by eliminating peremptory challenges entirely could racial discrimination in the jury selection process be eliminated.2 Before Batson and since, numerous com- mentators have written on the use of peremptory challenges in jury selection. Some praise this process,3 while others, like Justice Mar- shall, call for its elimination.4 Those who would retain the peremptory challenge expound on its merits. -
Batson Meets the First Amendment: Prohibiting Peremptory Challenges That Violate a Prospective Juror's Speech and Association Rights Cheryl G
Hofstra Law Review Volume 24 | Issue 3 Article 1 1996 Batson Meets the First Amendment: Prohibiting Peremptory Challenges That Violate a Prospective Juror's Speech and Association Rights Cheryl G. Bader Follow this and additional works at: http://scholarlycommons.law.hofstra.edu/hlr Part of the Law Commons Recommended Citation Bader, Cheryl G. (1996) "Batson Meets the First Amendment: Prohibiting Peremptory Challenges That Violate a Prospective Juror's Speech and Association Rights," Hofstra Law Review: Vol. 24: Iss. 3, Article 1. Available at: http://scholarlycommons.law.hofstra.edu/hlr/vol24/iss3/1 This document is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Law Review by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. Bader: Batson Meets the First Amendment: Prohibiting Peremptory Challeng HOFSTRA IAW REVIEW Volume 24 Spring 1996 BATSON MEETS THE FIRST AMENDMENT: PROHIBITING PEREMPTORY CHALLENGES THAT VIOLATE A PROSPECTIVE JUROR'S SPEECH AND ASSOCIATION RIGHTS Cheryl G. Bader' CONTENTS I. INTRODUCTION ............................... 569 II. THE PEREMPTORY CHALLENGE PRIVILEGE V. A PROSPECTIVE JUROR'S RIGHTS .................... 571 A. The Conflict .............................. 571 B. The History and Nature of the Peremptory Challenge ............................... 573 C. Batson - Limitations on the Peremptory Challenge ... 576 * Assistant Professor of Law, New England School of Law. J.D., Hofstra University School of Law, 1986. This author is indebted to her research assistant, Gari Rothman, for her tireless efforts that far exceeded the call of duty. The author is grateful for the valuable suggestions of Professor Kenneth Klein, Glenn Moramarco, and Lawrence Roberts and for the additional research assistance of Jennifer Franco and Kathy Kelly. -
Legislature by Lot: Envisioning Sortition Within a Bicameral System
PASXXX10.1177/0032329218789886Politics & SocietyGastil and Wright 789886research-article2018 Special Issue Article Politics & Society 2018, Vol. 46(3) 303 –330 Legislature by Lot: Envisioning © The Author(s) 2018 Article reuse guidelines: Sortition within a Bicameral sagepub.com/journals-permissions https://doi.org/10.1177/0032329218789886DOI: 10.1177/0032329218789886 System* journals.sagepub.com/home/pas John Gastil Pennsylvania State University Erik Olin Wright University of Wisconsin–Madison Abstract In this article, we review the intrinsic democratic flaws in electoral representation, lay out a set of principles that should guide the construction of a sortition chamber, and argue for the virtue of a bicameral system that combines sortition and elections. We show how sortition could prove inclusive, give citizens greater control of the political agenda, and make their participation more deliberative and influential. We consider various design challenges, such as the sampling method, legislative training, and deliberative procedures. We explain why pairing sortition with an elected chamber could enhance its virtues while dampening its potential vices. In our conclusion, we identify ideal settings for experimenting with sortition. Keywords bicameral legislatures, deliberation, democratic theory, elections, minipublics, participation, political equality, sortition Corresponding Author: John Gastil, Department of Communication Arts & Sciences, Pennsylvania State University, 232 Sparks Bldg., University Park, PA 16802, USA. Email: [email protected] *This special issue of Politics & Society titled “Legislature by Lot: Transformative Designs for Deliberative Governance” features a preface, an introductory anchor essay and postscript, and six articles that were presented as part of a workshop held at the University of Wisconsin–Madison, September 2017, organized by John Gastil and Erik Olin Wright. -
In Real Jury Deliberations: Successes, Failures, and Next Steps†
Copyright 2012 by Northwestern University School of Law Printed in U.S.A. Northwestern University Law Review Vol. 106, No. 4 Articles THE “KETTLEFUL OF LAW” IN REAL JURY DELIBERATIONS: SUCCESSES, FAILURES, AND NEXT STEPS† Shari Seidman Diamond, Beth Murphy & Mary R. Rose ABSTRACT—According to standard lore, when jurors are doused with “a kettleful of law” at the end of a trial, they either ignore it or are hopelessly confused. We present new evidence from a unique data set: not mock jury experiments or post-trial self-reports, but rather the deliberations of fifty real civil juries. Our intensive analysis of these deliberations presents a picture that contradicts received wisdom about juries and the law. We show that juries in typical civil cases pay substantial attention to the instructions and that although they struggle, the juries develop a reasonable grasp of most of the law they are asked to apply. When instructions fail, they do so primarily in ways that are generally ignored in the debate about juries and the law. That is, the jury deliberations reveal that when communication breaks down, the breakdown stems from more fundamental sources than simply opaque legal language. We identify a few modest pockets of juror resistance to the law and suggest why jury commonsense may in some instances be preferable to announced legal standards. We conclude that it will take more than a “plain English” movement to achieve genuine harmony between laypersons and jury instructions on the law. AUTHORS—Shari Seidman Diamond is the Howard J. Trienens Professor of Law and Professor of Psychology at Northwestern University School of Law and a Research Professor at the American Bar Foundation. -
Two Ideals of Jury Deliberation Jeffrey Abramson [email protected]
University of Chicago Legal Forum Volume 1998 | Issue 1 Article 6 Two Ideals of Jury Deliberation Jeffrey Abramson [email protected] Follow this and additional works at: http://chicagounbound.uchicago.edu/uclf Recommended Citation Abramson, Jeffrey () "Two Ideals of Jury Deliberation," University of Chicago Legal Forum: Vol. 1998: Iss. 1, Article 6. Available at: http://chicagounbound.uchicago.edu/uclf/vol1998/iss1/6 This Article is brought to you for free and open access by Chicago Unbound. It has been accepted for inclusion in University of Chicago Legal Forum by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. Two Ideals of Jury Deliberation Jeffrey Abramsont Several recent works of political theory have put forward a model of democracy that gives deliberation, and popular participation in deliberation, a central place in resolving moral disagreements among citizens.' Rather than shunting moral disputes as irresolvable or leaving their solution to the courts, theorists of democratic deliberation have argued that disputes over fundamental moral values have a place in politics and that citizens motivated by mutual respect toward their opponents or similar constraints can reason publicly to attain justifiable conclusions. As philosophers Amy Gutmann and Dennis Thompson put it, the "core idea" behind deliberative democracy is simple: even "when citizens or their representatives disagree morally, they should continue to reason together to reach mutually acceptable decisions." 2 When asked to give a practical example of such deliberation, deliberative democracy theorists often cite the jury as an institution that embodies the ideal of using collective reasoned discussion to attain a common verdict. -
COVID-19 and the Resumption of Criminal Jury Trials, Part 1
© UNC School of Government March 12, 2021 COVID-19 and the Resumption of Criminal Jury Trials Part 1: Jury Selection Ian A. Mance* Following a long layoff, criminal jury trials have resumed in some places in North Carolina. Pursuant to the Chief Justice’s orders, individual districts have implemented local plans that describe the protocols to be followed, so as to mitigate the risk of transmission of COVID-19 among trial participants. The plans to accomplish this are varied in terms of their level of detail, but all of them make significant modifications to the typical jury trial arrangement. Some of the changes, such as those contemplated for selecting the jury, have constitutional significance, and they will need to be implemented with care so as not to run afoul of defendants’ trial rights. I. Fair Cross Section Concerns about Changes in the Jury Selection Process One of the more difficult issues facing trial courts during the pandemic is the question of how to safely seat a jury while complying with all of the relevant constitutional requirements. Already, a number of courts have been forced to postpone scheduled trials because so few of those issued jury summons reported to court. In some districts, defense lawyers have reported that pandemic venires have been whiter and younger than is typical for their district. At this juncture, it is unclear the extent to which courts may be disproportionately excusing members of certain groups from service in response to pandemic-related concerns, but the issue is a real one and could have significant ramifications. Increasing Courts’ Discretion to Excuse Jury Service. -
Batson V. Kentucky: Present Extensions and Future Applications Thomas A
Loyola University Chicago Law Journal Volume 24 Issue 4 Summer 1993 Illinois Judicial Conference Article 2 Symposium 1993 Batson v. Kentucky: Present Extensions and Future Applications Thomas A. Hett on.H Judge of the Circuit Court of Cook County, IL Follow this and additional works at: http://lawecommons.luc.edu/luclj Part of the Civil Rights and Discrimination Commons Recommended Citation Thomas A. HettHon., Batson v. Kentucky: Present Extensions and Future Applications, 24 Loy. U. Chi. L. J. 413 (1993). Available at: http://lawecommons.luc.edu/luclj/vol24/iss4/2 This Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Loyola University Chicago Law Journal by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. Batson v. Kentucky: Present Extensions and Future Applications Honorable Thomas A. Hett * I. INTRODUCTION Historically, the Supreme Court has endorsed the peremptory challenge-though it is not constitutionally guaranteed-as a means of assuring an accused's right to an impartial jury.' The Court has recognized the utility of the peremptory challenge to eliminate bias on both sides of litigation as well as to assure that every case will be decided solely on the evidence presented at trial.2 The Court, however, has moved toward restricting the use of per- emptory challenges in cases in which they are used to discriminate. In 1986, in Batson v. Kentucky, the Court prohibited prosecutors from exercising peremptory challenges for the purpose of racial discrimination in criminal trials.3 Though guardedly, the Court has since extended the reach of that decision, applying the Batson rationale to defendants' challenges to ethnic discrimination4 and to civil litigation.' It is unlikely that the Batson rationale will be ex- panded to prohibit age or religious discrimination, 6 but it is possi- * Judge of the Circuit Court of Cook County, Illinois; J.D., DePaul University, 1960. -
9.2 Challenges to Grand Jury Composition Or Selection of Foreperson A
Ch. 9: Grand Jury Proceedings (Dec. 2019) 9.2 Challenges to Grand Jury Composition or Selection of Foreperson A. Equal Protection Challenges to Grand Jury Composition B Fair Cross-Section Challenges to Grand Jury Composition C. Challenges to Selection of Grand Jury Foreperson D. Procedure for Challenging Grand Jury Composition or Selection of Foreperson ___________________________________________________________ 9.2 Challenges to Grand Jury Composition or Selection of Foreperson A. Equal Protection Challenges to Grand Jury Composition The Equal Protection Clause of the Fourteenth Amendment to the United States Constitution and article I, sections 19 and 26, of the North Carolina Constitution protect against jury selection procedures that intentionally exclude members of an identifiable class from jury service. See Castaneda v. Partida, 430 U.S. 482 (1977) (equal protection clause protections apply to selection of grand jury array); State v. Hardy, 293 N.C. 105 (1977) (exclusion of women, African-Americans, and 18 to 21 year-olds challenged under equal protection clause); State v. Wright, 274 N.C. 380 (1968) (exclusion of African-Americans challenged); State v Yoes, 271 N.C. 616 (1967) (same); see also Peters v. Kiff, 407 U.S. 493, 502 (1972) (“a State cannot, consistent with due process, subject a defendant to indictment or trial by a jury that has been selected in an arbitrary and discriminatory manner, in violation of the Constitution and laws of the United States”). If an indictment is returned by a grand jury that was unlawfully constituted because members of a suspect class were intentionally excluded, the indictment is void and the superior court has no jurisdiction to enter judgment against the defendant. -
Jury Selection Procedures in United States District Courts ~ Federal Judicial Center the FEDERAL JUDICIAL CENTER
Education and lraining Series Jury Selection Procedures in United States District Courts ~ Federal judicial Center THE FEDERAL JUDICIAL CENTER Board The Chief Justice of the United States Chairman Judge John D, Butzner, Jr, Chief Judge William S, Sessions United States Court of Appeals Uniled Stales District Court for the Fourth Circuit Western District of Texas Judge Cornelia G, Kennedy Judge Donald S, Voorhees United States Court of Appeals United States District Court for the Sixth Circuit Western District of Washington Judge Aubrey E Robinson, Jr. Judge Lloyd D, George United States District Court United States Bankruptcy Court District of Columbia District of Nevada William E Foley Director of the Administrative Office of the United States Courts Director A Leo Levin Deputy Director Charles W Nihan Division Directors Kenneth C, Crawford William B Eldridge ContinUing Education Research and Training Gordon Bermant Alice L O'Donnell Innovations Inler-Judicial Affairs and Systems Development and Informalion Sen'ices Assistant Director Russell R. Wheeler 1520 H Street, NW Washington, D,C. 20005 Telephone 202/633,6011 ® JURY SELECTION PROCEDURES IN UNITED STATES DISTRICT COURTS by Gordon Bermant Federal Judicial Center June 1982 This publication is based on a st,udy undertaken in furtherance of the Center's statutory mission to conduct and stimulate research and development on matters of judicial administration, The analy ses, conclusions, and points of view are those of the author. This work has been subjected to staff review within the Center, and publication signifies that it is regarded as responsible and valua ble. It should be emphasized, however, that on matters of policy the Center speaks only through its Board.