Population over 18 within the jurisdiction |
WHO'S LEFT OUT? |
v v LIST ASSEMBLY: voter registration lists, motor vehicle registration lists, telephone directories, tax rolls v v |
Disproportionately
minorites (less likely to be on lists),
homeless people, the poor. In the past, in some jurisdictions, racial minorities were systematically excluded at this stage. |
Master Jury List (or Jury Roll) |
|
v v RANDOM DRAWING (formerly, in some jurisdictions, "the key man system" in which jury panel chosen by jury commissioners) v v |
The key man system sought elite jurors and disproprtionately excluded minorities, women, and people with little education or status. |
Full Jury Panel (or Venire) |
|
v v QUESTIONAIRES AND/OR QUESTIONING BY JUDGE (automatic exemptions, hardship exclusions, obvious conflict exclusions) v v |
In
the past, women often got automatic exemptions and were
disproportionately excluded (see Duren). Today, exemptions and
hardship
exclusions disproportionately exclude professionals (especially lawyers
and doctors), sole business proprieters, mothers of young children, as
well as the elderly and the
infirm.
|
Refined Jury Panel |
|
v v VOIR DIRE (in most states, voir dire conducted by attorneys; in the federal system, usually conducted by judges) v v |
Those who have prejudged the case, those with special knowledge of the case, and those perceived as "risky jurors" (often people with strong opinions or unusual characteristics). |
Jury (Petit Jury) |