NCJ Number
19736
Journal
Buffalo Law Review Volume: 24 Issue: 2 Dated: (WINTER 1975) Pages: 347-368
Date Published
1975
Length
22 pages
Annotation
DISCUSSION OF A MOTION CHALLENGING THE JURY SELECTION SYSTEM IN ERIE COUNTY, NEW YORK WHERE 61 PRISONERS WERE INDICTED FOR VARIOUS OFFENSES RELATED TO THE SEPTEMBER, 1971 UPRISING IN NEW YORK'S ATTICA PRISON.
Abstract
A MOTION WAS MADE IN MARCH OF 1974 IN THE ERIE COUNTY DIVISION OF THE SUPREME COURT OF NEW YORK TO STRIKE THE COUNTY'S PERMANENT POOL SYSTEM AS BEING VIOLATIVE OF THE EQUAL PROTECTION CLAUSE OF THE FOURTEENTH AMENDMENT OF THE UNITED STATES CONSTITUTION. THE COURT FOUND THAT THERE HAD BEEN UNCONSTITUTIONAL EXCLUSION OF WOMEN AND STUDENTS PRIOR TO JANUARY 1, 1974, BUT THIS DISCRIMINATION HAD CEASED AS OF THAT DATA. THE COURT FOUND NO IMPROPER UNDERREPRESENTATION OF OCCUPATIONAL GROUPS, YOUNG PEOPLE OR THE POOR. FOR THESE REASONS, THE ENTIRE JURY POOL SYSTEM WAS NOT STRICKEN AS HAD BEEN DEMANDED BY THE DEFENDANTS. INSTEAD, THE COURT ORDERED ONLY THE NAMES OF THOSE PEOPLE WHO HAD BEEN SELECTED BEFORE JANUARY 1, 1974 TO BE ELIMINATED FROM THE POOL SINCE THEY WERE CHOSEN AT A TIME WHEN THE SELECTION PROCEDURE WAS DISCRIMINATORY. THE BASIC RATIONALE FOR THIS DECISION WAS THAT STATISTICAL DISPARITY BETWEEN A GROUP'S PROPORTIONAL REPRESENTATION IN THE COMMUNITY AND ITS CORRESPONDING REPRESENTATION IN THE JURY POOL DOES NOT, IN ITSELF, CONSTITUTE A VIOLATION OF THE EQUAL PROTECTION CLAUSE. RATHER, THE COURT FOUND THE DETERMING FACTOR TO BE WHETHER THERE IS EVIDENCE OF 'INTENTIONAL AND SYSTEMATIC DISCRIMINATION.' IN THIS INSTNACE, THE COURT WAS SATISFIED THAT PURPOSEFUL EXCLUSION OF ELIGIBLE PERSONS HAD OCCURRED ONLY WITH RESPECT TO STUDENTS AND WOMEN PRIOR TO JANUARY 1, 1974. (AUTHOR ABSTRACT)