Re-justifying the fair cross section requirement: Equal representation and enfranchisement in the american criminal jury
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jonathan Jenkins Ichikawa
Jack Alan Reynolds
Learn more about PhilPapers
This Note proposes a new justification for the fair cross section (FCS) requirement governing criminal jury composition. While the Supreme Court has defended the requirement by invoking demographic conceptions of the jury's legitimacy, many scholars have observed that this approach is at odds with contemporary jury law and practice. This Note argues that courts should instead defend the FCS requirement as a means of ensuring that eligible participants are included in the jury franchise. Besides solving an intractable doctrinal puzzle, an enfranchisement-based approach draws attention to ways in which widespread juror selection practices exclude underrepresented groups and thereby undermine the jury's democratic character.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Albert W. Dzur (2011). “Why American Democracy Needs the Jury Trial”. Criminal Law and Philosophy 5 (1):87-92.
Sally Ramage (2005). In Support of Fraud Trials Without a Jury. The Criminal Lawyer 156:2-52.
Jan-Willem Romeijn & David Atkinson (2011). Learning Juror Competence: A Generalized Condorcet Jury Theorem. Politics, Philosophy and Economics 10 (3):237-262.
Jarod Spencer Gonzalez, A Tale of Two Waivers: Waiver of the Jury Waiver Defense Under the Federal Rules of Civil Procedure.
Thom Brooks (2004). The Right to Trial by Jury. Journal of Applied Philosophy 21 (2):197–212.
Thom Brooks (2004). A Defence of Jury Nullification. Res Publica 10 (4):401-423.
Added to index2009-01-28
Total downloads4 ( #596,801 of 2,117,590 )
Recent downloads (6 months)2 ( #294,737 of 2,117,590 )
How can I increase my downloads?