Monday, November 19, 2012
Ira P. Robbins (American University - Washington College of Law) has posted 'Bad Juror' Lists and the Prosecutor's Duty to Disclose (Cornell Journal of Law and Public Policy, Vol. 22, No. 1, 2012) on SSRN. Here is the abstract:
Prosecutors sometimes use what are known as “bad juror” lists to exclude particular citizens from jury service. Not only does this practice interfere with an open and fair jury-selection process, thus implicating a defendant’s right to be tried by a jury of his or her peers, but it also violates potential jurors’ rights to serve in this important capacity. But who is on these lists? And is a prosecutor required to disclose the lists to defense counsel? These questions have largely gone unnoticed by legal analysts.
This Article addresses the prosecutor’s duty to disclose bad-juror lists.
The judicial system in the United States is adversarial. Particularly in criminal cases, when prosecutors, who already hold enormous power, are permitted to put their thumbs on the scale of justice during jury selection, the entire system suffers — the rights of potential jurors, the rights of the defendant, the reliability of the outcome of the proceedings, and the appearance of justice.