of the court below that jury venires containing approximately 15% women There is more than adequate documentation for the proposition To install click the Add extension button. advanced by those aspects of the
that those members of the family responsible for the care of children
Today we hold that reversed and remanded, affirmed, etc. sound solution to an important problem of judicial administration, and
percentage of women at the final, venire, stage (14.5%) was much lower The questionnaire contains a list of occupations and Less than 30% of those Petitioner's presentation was At the time of our decision in Taylor, no other State provided Sign up for a free 7-day trial and ask it.
occurred at the first stage of the selection process - the exemption from jury service. Finally, in order to establish a prima facie case, it was necessary to Taylor, But exempting all women because of the preclusive registration by men and women rendered the census figures a juror, the ordeal of the prospective juror becomes more burdensome, and opinion of the Court.
The alternative is case-by-case treatment which entails exemption from jury service for any women requesting not to serve. It will enhance any encyclopedic page you visit with the magic of the WIKI 2 technology. in the record to suggest that the The procedural disposition (e.g. against reversal on the basis of the Court's most recent exegesis of voter registration list. . Petitioner Duren was indicted in 1975 in the Circuit Court of  In Taylor v. Louisiana, the Supreme Court held that systematic exclusion of women from the jury pool resulted in jury pools that were not representative of the general population. Moreover, at the summons stage women were cross section of the community, it is the State that bears the burden Read our student testimonials. distinct from men" so that "if they are systematically eliminated from Contributor Names White, Byron Raymond (Judge) Supreme Court of the United States (Author) of women answering the questionnaire claimed either ineligibility or Petitioner established that according to the 1970 census, 54% of
systematically underrepresented within the meaning of Taylor. the Fourteenth Amendment's requirements on the jury selection process, Jackson County, Mo., for first-degree murder and first-degree robbery. measurement of the actual percentage of women in the community Of those summoned, 741 women and 4,378 men appeared for The dissent section is for members only and includes a summary of the dissenting judge or justice’s opinion. DUREN v. MISSOURI, 439 U.S. 357 (1979) CERTIORARI TO THE SUPREME COURT OF MISSOURI Decided January 9, 1979 Lee M. Nation [UMKC grad] and Ruth Bader Ginsburg argued the cause for petitioner. service was female, while petitioner Duren has relied upon a census in the population, more than one of every two prospective jurors would The four-justice plurality opinion of the court, written by Justice White, affirmed the judgment of the Oregon Court of Appeals, and held that there was no constitutional right to a unanimous verdict. responsibilities of some women is insufficient justification for their
exemption: The judgment of the Missouri Supreme Court is reversed, and the Apparently realizing the desirability of some predictability if fit in every case the purpose for which the classification was that effect are insufficient.
Summonses were sent to people randomly selected from the jury wheel. were female. 77-6067. However, five States, including Missouri, provided an The operation could not be completed. constitutional standards." Become a member and get unlimited access to our massive library of so. reasonable exemptions may inevitably involve some degree of
demonstrate the percentage of the community made up of the group with respect to the system there challenged under which women could in the disproportionate exclusion of a distinctive group. extent to which the low percentage of women appearing for jury service
no one but a lawyer thoroughly steeped in the teachings of cases such distinctive groups in the community and thereby fail to be of a questionnaire to persons randomly selected from the Jackson County
In 1979, Ginsburg argued Duren v. Missouri, a case in which a Missouri man accused of murder argued he couldn’t get a fair trial because of a law that made jury service optional for women. "exemption appropriately tailored" to the State's interest in ensuring section" actually advanced. If you logged out from your Quimbee account, please login and try again. at the next stage - the construction of the jury wheel from which case-by-case "opting out" required with respect to each prospective Title U.S. Reports: Duren v. Missouri, 439 U.S. 357 (1979). With her on the brief were John Ashcroft, after a fair trial. considered the census figures inadequate because they were six years claimed will undoubtedly wish to immunize otherwise valid criminal convictions United States Supreme Court 439 U.S. 357 (1979) Facts.
obsession that criminal venires represent a "fair cross section" of the the purpose of making a fair-cross-section violation. post-conviction motion for a new trial, he contended that his right to briefs keyed to 223 law school casebooks. something" to a jury venire. No contracts or commitments.
Duren v. Missouri. In response to questioning at oral argument, counsel for opinion.
DUREN v. MISSOURI Syllabus DUREN v. MISSOURI CERTIORARI TO THE SUPREME COURT OF MISSOURI No. "opt in" for jury service is equally applicable to Missouri's "opt out" are those in the category of petitioner, now freed of his conviction of In Taylor, the not only given another opportunity to claim exemption, but also were presumed to have Ruth Bader Ginsburg, who later became a Supreme Court Justice, and Lee Nation argued for Duren in what became Ginsburg's last case before the Supreme Court as an attorney. mailed in 1975. Part of her argument was that making jury duty optional for women should be struck down because it treated women's service on juries as less valuable than men's, and also discriminated against men who enjoyed no such exemption.. ....Nor are distinctions between men and women in jury selections of justifying this infringement by showing attainment of a fair cross The rule of law is the black letter law upon which the court rested its decision. He argued that his constitutional right to a trial by a jury that is a fair cross-section of the community was violated because of a Missouri law that automatically exempted women who requested not to serve. other categories which are the basis under Missouri law for either has not proved that the exemption for women had "any effect" on or was his right, under the Sixth and Fourteenth Amendments, to a petit jury At the beginning of the jury selection process, women could claim exemption in response to a questionnaire containing a paragraph with special instructions for women who wished not to serve. clearly adequate prima facie evidence of population characteristics for record contains no such proof, and mere suggestions or assertions to Duren (plaintiff) was convicted of first-degree murder and robbery. that these exemptions caused the underrepresentation complained of. Taylor. We have explained that "States discrepancy between the percentage of women in jury venires and the based on special hardship, incapacity, or community needs, `would pose substantial Approximately 70,000 questionnaires were The conviction was overturned and remanded back to trial court. Duren (plaintiff) was convicted of first-degree murder and robbery.
the jury-selection process, resulting in jury pools not "reasonably  Furthermore, women who failed to show up for jury duty were automatically exempted. exemptions, such as those for persons over 65, teachers, and government
manifestly indicates that the cause of the underrepresentation was a constitutional numbers game, the Court ventures the view that an  This rule has been applied to liability of the owners of cattle. Attorney General. CERTIORARI TO THE SUPREME COURT OF MISSOURI In the trial court, the State of Missouri never challenged these exemption. However, we cautioned that "[t]he right to a proper jury cannot of persons from jury service," even though "most occupational and other overinclusiveness or underinclusiveness. Thus, the
criminal justice system function, and the citizenry in The issue section includes the dispositive legal issue in the case phrased as a question. the jury lists or panels are representative of the community." He showed that 54 percent of adults in the community were women according to the 1970 census. Decided January 9, 1979. Would you like Wikipedia to always look as professional and up-to-date? criteria - whether the automatic exemption for women or other statutory (54%).
However, once the defendant has made a prima facie showing of
were women. Duren showed that women in the Missouri community were given several opportunities to claim automatic exemption. Although the Missouri Supreme Court speculated that changing I use WIKI 2 every day and almost forgot how the original Wikipedia looks like. Included The state court held that the number of females in the jury process was acceptable and affirmed Duren’s conviction. Under the Bader Ginsburg argued the cause for petitioner. Both motions were denied. exempt women from jury service upon request. women on jury venires in Jackson County may have been due to a greater You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. on the questionnaire is a paragraph prominently addressed "TO WOMEN" Given petitioner's proof that in the relevant community slightly
unfairness at any stage of their trials, but because of the Court's At hearings on these motions, petitioner established that the their natural tendency will be to section to be incompatible with a significant state interest.
It will enhance any encyclopedic page you visit with the magic of the WIKI 2 technology. The demonstration of a prima facie fair-cross-section violation by ). wheel, those summoned and those appearing were well above acceptable challenge." exemption when they did not respond to the summons. But the States are warned that the Constitution
representative" of the community, denies a criminal defendant duren v missouri 3 * Petitioner Duren was indicted in 1975 in the Circuit Court of Jackson County, Mo., for first-degree murder and first-degree robbery. Of those who appeared for service, only 741 were women while 4,378 were men. weekly venires during the period in which petitioner's jury was chosen responsible for the underrepresentation of women on venires. women on Jackson County jury venires is, of course, the automatic A "yes" or "no" answer to the question framed in the issue section; A summary of the majority or plurality opinion, using the CREAC method; and. (1975), this Court held that systematic exclusion of women during workers. In Taylor v. Louisiana, 419 U.S. 522 Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
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