Jury Selection Process

Jury Selection Process
By T.S. Khanna, December 10, 2010.

“The difference between a rut and a grave is that the rut is longer”. Sometimes, certain traditions, religious or political, create such deep ruts that we cannot think outside those ruts. That is what stops the progress. Based on personal observations, I believe that our jury selection process is in a rut.

To select twelve jurors, forty persons are called at random. Most of them, unwilling to perform jury duty, come with ready-made excuses of partiality. Some others do not have an understanding of the responsibility of this duty, and yet, some others do not have the command and fluency of English language (National Language) to participate meaningfully in the court proceedings.

Considering the time and effort expended by the Court staff, District Attorney’s office, Security Checks, Defense Attorney, and the summoned candidates, huge expense is involved for the candidates, the taxpayer and the party accused in every little case that goes for jury trial. This is done in the name of better justice but offers no assurance re the improved quality of justice.

The selection process itself is flawed in fulfilling the aim of selecting an impartial jury. The judge, the prosecutor and the defense attorney know too little about the candidates to select them or reject them, yet hey fulfill the ritual only guessing at the net result. Not selected candidates feel lucky. The net result may likely be a disgruntled, unwilling, and inattentive jury.

I would suggest that the jury selection process may follow a procedure similar to the one used in selecting the Grand Jury:
1. Invite the applications of those who wish to serve on the jury,
2. Make a background check re the citizenship, character, and fluency in English language,
3. Keep a pool of qualified candidates on record and call them at random as and when needed for any case.
4. Use the measures of quality (if any) of justice delivered for comparison.

This process, besides saving the huge expense, will also avoid creating the ill will between the government and the unwilling summoned candidates.