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To: supercat
Actually, randomness might be better. I'd suggest having a pool of 36 or 48 jurors in six or eight randomly-drawn groups of six. Each side's lawyer gets to strike two/three of the six/eight groups for any reason or no reason, but does not get to pick and choose.

Heh. You just described how jury selection works now, almost exactly. Only the numbers are different. The no-questions-asked strikes are called "peremptory challenges." You can also get a juror stricken if there's a compelling reason: this is called "challenge for cause."

190 posted on 02/19/2006 4:52:11 PM PST by Gordongekko909 (I know. Let's cut his WHOLE BODY off.)
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To: Gordongekko909
Heh. You just described how jury selection works now, almost exactly. Only the numbers are different. The no-questions-asked strikes are called "peremptory challenges." You can also get a juror stricken if there's a compelling reason: this is called "challenge for cause."

I thought under the current system people were allowed to use their peremptory challenges on individual jurors, rather than on groups.

If one starts with a pool of 18 jurors and gives three peremptory challenges to each counsel, I would suggest the composition of the jury will look less like the community at large than if there are eight half-juries and each counsel strikes three of them. Even though in the latter case, counsel would be striking a larger percentage of the jury pool, the composition of each half-juries would likely be closer to the norm than the stance of any individual juror.

For example, suppose that the jury pool was 15% black. In a pool of 18 jurors, there's a 72% chance that there would be three or fewer blacks in the pool, thus allowing their complete elimination. By contrast, because 62% of the 6-person half-juries would have at least one black, there would be about a 64% chance that at least four of the them would have at least one black; three peremptory challenges would not suffice for eliminating all of them.

Even though in the former case each lawyer strikes 1/6 of the pool is eliminated while in the latter case each lawyer strikes 3/8, the latter approach would allow much less alteration of jury composition.

195 posted on 02/20/2006 6:21:57 PM PST by supercat (Sony delenda est.)
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