Broadening Juror Participation
by TChris
Until recently, potential jurors were summoned to court in Indiana by selecting names from voter registration lists. That selection method failed to provide a representative cross-section of the community, given the reality that so many people don't bother to vote. Among other problems, the selection process contributed to a lack of racial diversity on juries. And jury pools chosen from voter registration lists tend to skew toward older, retired jurors who have time to go to the polls.
Last month, taxpayer records, drivers' license, and state ID records were added to the lists from which potential jurors are chosen in Indiana.
Allen Superior Judge Kenneth Scheibenberger, a member of the state’s jury commission, said the combined lists should cover more than 90 percent of jury-eligible Hoosiers.
Will this new selection method make juries more representative of the community? It will be hard for the judiciary to know, because the state doesn't keep demographic records of juror participation. The linked editorial argues that Indiana needs to take that step:
The U.S. Constitution guarantees a defendant shall be judged by a jury of peers. This does not mean that the jury will be made up of a certain percentage of blacks, Hispanics, Asians, women or people under 30. But the pool from which a 12-person panel is selected should have people from all sections of a community. Historically, this hasn’t always been the case, and there is documented evidence of injustice because jury pools were limited because of outright malfeasance. While the system may have changed, the past is hard to erase.
Lawyers, judges and lawmakers should ask themselves whether providing demographic information about jury pools will engender confidence among minorities. If they’re being honest, then the answer would undoubtedly be yes.
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