Jury Diversity

Words: 694

Pages: 3

Open Document

Article, “Achieving Diversity on the Jury: Jury Size and the Peremptory Challenge”, questions the diversity within a six-person jury and a twelve-person jury and also examines the legitimacy of the use of peremptory challenges and how these challenges affect the jury makeup. It questions this by comparing the diversity of the community, with the diversity between the jury voir dire and the final jury members. During 1930, it was undoubtedly understood by Governor Randolph and the Supreme Court that a jury should and would consist of twelve members. However, this decision was overturned in 1970 when Justice White ruled that it is constitutional to have a jury of six instead of the former twelve, concluding that a difference in jury size would not create a difference in representation. Yet, this …show more content…
Striking a juror based on his or her race violates both the 6th and the 14th amendment of the constitution. The 6th amendment states that individuals have the right to an impartial trial. In the Batson v. Kentucky case, the defendant's right to an impartial trial was clearly violated when it was later concluded that the black jury members were clearly dismissed due to their race. Making it unconstitutional being that Batson was not accurately judged by members of their community. This unfair discrimination also violates the 14th amendment, specifically the Equal Protection Clause which prohibits law from providing unfair treatment. Once someone’s 6th amendment is violated within the courts, their 14th amendment is also violated. The case of Swain v. Alabama was the initial case to rule against unfairly striking juror members due to their race by citing the Equal Protection Clause. However, it was not until the Batson v. Kentucky case that the courts created a series of procedures to prevent unconstitutional peremptory challenges. The article states two reasons in which a

The Effects Of Racial Diversity In Group Decision-Making

researchers for this study had questions on group heterogeneity and the impact of minorities within a group. The overall purpose was to “examine the effects of racial diversity in the specific domain of group decision making.” This topic is addressed by composing an experiment that tested the effects of racial diversity within jury groups on how the group voted. The researchers hypothesised that the racial composition of the participating groups would influence the outcome of their judgements. In…

Words 552 - Pages 3

The Legal System Essay

THE LEGAL SYSTEM 1 The Legal System What Is It and How Does It Work? Josie Bennett Webster County High School THE LEGAL SYSTEM 2 A court or judicial system is a system of courts that interprets and applies the law in the name of the state and provides a mechanism for the resolution of disputes. The United States Court System is many court systems in one: federal and one court system for every state. Every system has its own structures and procedures.…

Words 2331 - Pages 10

Essay about Civil Proceedure

Railroad Company (D) freight train in Pennsylvania while walking on a footpath adjacent to the tracks. Tompkins was a citizen of Pennsylvania and Erie Railroad Company was incorporated in New York. Tompkins brought this personal injury lawsuit in diversity in federal district court in New York, asserting that he was lawfully on the property as a licensee, and that the accident occurred as a result of Erie Railroad’s negligence in the operation or maintenance of the train. Erie Railroad Company denied…

Words 753 - Pages 4

How Does Subject Matter Jurisdiction Differ From Jurisdiction In Rem?

Explain the process of jury selection and the difference in the types of challenges . In addition, discuss the implication of race-based or gender-based exclusions from a jury by a prosecutor or defence attorney. Answer-2: The jury pool is chosen from community using ordinary method, they are compiled from voter registrations and randomly chosen.After that the panel of jurors are called to a courtroom. Lawyers can exclude jury if they don't like them and they don't want certain…

Words 437 - Pages 2

Essay on law enforcement

Ωaq 2090 Jury - the focal point of the criminal justice system , the general rule for state crimes was that in serious crimes the accused had a right to a jury trial but not In minor offenses , Judge bail – requires the defendant to guarantee his or her appearance at trial by posting a money bond , the purpose of bail was to assure the defendant’s attendance in court when his presence is required , Opening statements – After preliminary matters have been disposed of , the jury is seated…

Words 878 - Pages 4

Notes On Court Systems And Jurisdiction

* U.S. Court of Appeals for the Armed Services * U.S. Court of Appeals for Veterans’ Claims * U.S. District Courts * Trial courts of general jurisdiction * At least one in each state * Impanel juries, receive evidence, hear testimony, and decide cases * Where most fed cases originate * U.S. Courts of Appeals * Intermediate appellate courts * 13 circuits in fed court system (NV in 9th) * 13th District…

Words 1980 - Pages 8

Essay on business management

of employment. -Americans with Disabilities Act of 1990 protects those with physical or mental disabilities and allows them the right of employment. -Civil Rights Act of 1991 enforces The Title VII of the Civil Rights Act of 1964 by incorporating jury trials and punitive damages if the requirement of equal right for race, color, religion, gender, or national origin have not been met. -Family and Medical Leave Act of 1993 states that employees may take up to 12 weeks of unpaid leave for medical…

Words 742 - Pages 3

12 Angry Men Assignment Essay

the group in the film as they pertain to the problem the group is working on. In this film, the numerous functional and dysfunctional properties of the 12-jury men play a big role in analysing and evaluating the main purpose at hand, namely identifying the young man guilty or innocent for the murder of his father. The different roles the 12-jury men play in the deliberation of the capital murder case is prominent. Firstly, a role can be defined as a set of expected behaviour patterns attributed to…

Words 2006 - Pages 9

Law: Midterm Review Essay

district and municipal courts. 11. Main phases of a trial court proceedings – jury selection, opening statements (expectations of what each side expects the evidence to prove), presentation of evidence and testimony of witnesses, closing arguments, presentation of jury instruction (charging the jury, sworn duty of the jury to make a decision based on the law, and not on their interpretation of the law), deliberation (jury makes their decision. 12. 2 major grounds for federal court jurisdiction – Federal…

Words 990 - Pages 4

To Kill A Mockingbird Discrimination Essay

Discrimination is the unjust or prejudicial treatment of different categories. These categories can range from race, age, sexuality, occupation and so on. With so much diversity in the world people see the differences more than the similarities and more on the faults than the Perfections. In To Kill a Mockingbird and The Help it shows how the main protagonists react to discrimination of sexuality, age, and race. In To Kill a Mockingbird the story focuses around Scout as a child and how she sees and…

Words 584 - Pages 3