Jury Selection

Jury Exclusion/Exemption Process

• Exclusion from Venire (jury pool)

  • Frustrates representatives of trial juries

  • Undermines the right to a fair trial

Exclusion from Jury Service by Race

• Strauder v. West Virginia (1880)

  • Established whites-only juries

  • Violated the 14th Amendment

• African-American Defendants

  • Right to a jury of peers (Equal Protection Clause and Due Process Clause)

  • Importance of equal opportunity for African-American citizens in administration of justice (Jury service = Civic duty)

Exclusion/Exemption from Jury Service of Women

• Ongoing debate over women's societal roles

• Women can initiate involvement in jury pool for selection

• Hoyt v. Florida (1961)

  • Female defendant’s appeal denied; all-male jury

• Taylor v. Louisiana (1975)

  • Male defendant’s case challenged all-male jury composition

  • 14th Amendment Due Process violation: denial of fair trial

  • Overturned Hoyt v. Florida ruling

Peremptory Challenges: Impact on Justice & Equality

• Allows removal of potential bias without reason by attorneys

• Debate over peremptory challenges:

  • Central and historic in jury selection to identify bias, partiality, and hostility

  • Can perpetuate stereotypes and discrimination

  • Influenced by jurors' "sudden impressions & unaccountable prejudices" based on looks, gestures, habits, and associations.