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CALIFORNIA JUDICIAL COUNCIL ON WAYS TO IMPROVE TRIAL JURY SELECTION AND MANAGEMENT - EXECUTIVE SUMMARY - A REPORT

NCJ Number
58758
Date Published
1978
Length
40 pages
Annotation
PROBLEMS FOUND IN 13 AREAS CONCERNING JURY SELECTION AND MANAGEMENT PRACTICES IN CALIFORNIA ARE EXAMINED, RESPONSES ARE PROPOSED, AND TEST RESULTS OF POSSIBLE SOLUTIONS ARE HIGHLIGHTED.
Abstract
IN 1976, THE NATIONAL CENTER FOR STATE COURTS SURVEYED JURY SELECTION AND MANAGEMENT PRACTICES THROUGHOUT CALIFORNIA. FOLLOWING REVIEW OF THE NATIONAL CENTER'S REPORT, THE JUDICIAL COUNCIL OF CALIFORNIA ASKED THE NATIONAL CENTER TO FOCUS ON 13 PROBLEM AREAS, DEVISE RESPONSES TO THE PROBLEMS, AND THEN TEST THOSE RESPONSES IN SEVERAL COURTS TO ASSURE THEIR VIABILITY IN CALIFORNIA. THE PROJECT HAD TWO PHASES. DURING THE FIRST PHASE, THE NATIONAL CENTER VISITED 18 COUNTIES AND COLLECTED DETAILED INFORMATION ON THE FOLLOWING: MULTIPLE SOURCE LISTS, UPDATING MASTER JURY LISTS, RANDOM SELECTION, SUMMONING, TELEPHONE SYSTEMS, PANEL SIZES, POOLING JURORS, COMPENSATION, LENGTH OF SERVICE, FACILITIES, MEASURING SYSTEM EFFICIENCY, DISSEMINATION OF INFORMATION TO COURTS, AND STATUTORY CONSOLIDATION. AFTER REVIEWING DATA FROM THESE COURTS AND BASIC RESOURCE MATERIALS IN EACH SUBJECT AREA, TENTATIVE SOLUTIONS WERE PROPOSED FOR TESTING. DURING THE SECOND PHASE, THESE PROPOSED SOLUTIONS WERE TESTED IN SEVEN COURTS. DATA GATHERING AND TESTING SPANNED 8 MONTHS. THE SUPERIOR COURTS AND MUNICIPAL COURT DISTRICTS IN WHICH DATA WERE COLLECTED REPRESENT 22 PERCENT OF ALL SUCH COURTS HOLDING 55 PERCENT OF ALL SWORN JURY TRIALS IN CALIFORNIA IN 1975-76. CONCLUSIONS AND RECOMMENDATIONS ARE PRESENTED ALONG WITH SUMMARY STATEMENTS DESCRIBING PRINCIPAL STUDY FINDINGS AND ANALYSIS. THEY INCLUDE THE SUGGESTIONS THAT CALIFORNIA STATUTES REQUIRE MASTER JURY LISTS TO BE MADE UP OF NAMES ACQUIRED FROM A NUMBER OF SOURCES, THAT COURTS SEND JURORS WRITTEN SUMMONSES AND MAKE NIGHT-BEFORE-APPEARANCE ADJUSTMENTS IN THE NUMBER REPORTING FOR SERVICE THROUGH USE OF TELEPHONE ANSWERING MACHINES, AND THAT JUROR PAY BE INCREASED TO $10 A DAY. AREAS IDENTIFIED FOR FURTHER STUDY AND IMPLEMENTATION ARE JUROR ORIENTATION PROGRAMS FOR MUNICIPAL AND SUPERIOR COURTS, JURY-MANAGEMENT TEAMS, THE FEASIBILITY OF HAVING CIVIL LITIGANTS PAY FOR JURORS, AND A REDUCTION IN THE NUMBER OF PEREMPTORY CHALLENGES AVAILABLE IN FELONY CASES. (PRG)