The Role of Racial Diversity in Jury Selection: Legal and Ethical Considerations
A legal analysis of the role racial diversity plays in jury selection and its ethical implications in the justice system.
Aiden Campbell
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The Role of Racial Diversity in Jury Selection: Legal and Ethical
Considerations
The Supreme Court has repeatedly asserted that a defendant is not entitled to a jury composed in
whole or in part of persons of his own race. Although these rulings establish that states are not
obligated to use racially mixed juries, they do not prohibit states from doing so. In fact, a number
of policymakers and legal scholars have proposed reforms that use racial criteria to promote
racial diversity on American juries. Some have suggested that the names of majority race jurors
be removed from the jury list (thus ensuring a larger proportion of racial minorities); others have
suggested that a certain number of seats on each jury be set aside for racial minorities.
• How would you justify these reforms to a state legislature?
• How would an opponent of these reforms respond?
• Overall, are these good ideas or bad ideas?
Suggested Answers:
• How would you justify these reforms to a state legislature?
The basic purpose of a jury’s selection is to ensure that each defendant get justice.
They are made up of the community and mostly chosen at random without taking their color and
race into consideration. Thus anything that can affect the true selection of the jury will change its
meaning and its purpose. Then this so called selected jury will no longer represent the
community.
The legislatures and policy makers must not permitted to discriminate based on race
while selecting jury members. The courts must focus and should take notice of all those action
Considerations
The Supreme Court has repeatedly asserted that a defendant is not entitled to a jury composed in
whole or in part of persons of his own race. Although these rulings establish that states are not
obligated to use racially mixed juries, they do not prohibit states from doing so. In fact, a number
of policymakers and legal scholars have proposed reforms that use racial criteria to promote
racial diversity on American juries. Some have suggested that the names of majority race jurors
be removed from the jury list (thus ensuring a larger proportion of racial minorities); others have
suggested that a certain number of seats on each jury be set aside for racial minorities.
• How would you justify these reforms to a state legislature?
• How would an opponent of these reforms respond?
• Overall, are these good ideas or bad ideas?
Suggested Answers:
• How would you justify these reforms to a state legislature?
The basic purpose of a jury’s selection is to ensure that each defendant get justice.
They are made up of the community and mostly chosen at random without taking their color and
race into consideration. Thus anything that can affect the true selection of the jury will change its
meaning and its purpose. Then this so called selected jury will no longer represent the
community.
The legislatures and policy makers must not permitted to discriminate based on race
while selecting jury members. The courts must focus and should take notice of all those action
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