The Ethnic Dimension in Jury Selection: UK and USA Approaches

Abstract

This article commences with a discussion of recent research on perceptions of treatment of ethnic minority defendants in England, including jury trial. In this context a recent Court of Appeal decision affirms its previous decision that judges may not interfere in jury selection to ensure a fair ethnic or other balance in a jury; European Convention jurisprudence was not relevant to the particular issue before the court. At the same time the US Supreme Court made a rare visit to the problem of ethnic balance in jury selection. The majority held that the prosecution measures during the voir dire did discriminate against the defendant. The dissident justice's opinion is also analysed. The article then uses tests for statistical significance on the measures in issue considered by both majority and dissident. It is suggested that such tests would be helpful to courts generally in such cases. In conclusion a ‘guaranteee’ for fair ethnic representation in British juries is proposed.