A Jury of Whose Peers?: A Historical Look at the American Jury and Jury Selection Procedures

The jury plays an important part in the American legal system, injecting fairness and increasing confidence in the system as a whole. It has been touted as an assurance of justice, however, widespread discrimination remains in jury selection procedures. Exclusion of social groups takes place at each of the three levels of the jury selection process: 1) the initial drawing of the jury pool; 2) exemptions and excusals from jury service; and 3) the use of peremptory challenges in empanelling the petit jury. While the Supreme Court has made numerous attempts to increase minority representativeness of juries, there is still work to be done.