the State's administrative task more time consuming. the defendant is not the end of the inquiry into whether a
footnote 14 on page 362 noted that the practice of allowing women to simply not show up was itself not authorized by any law or regulation, and that if men failed to show up for jury duty, they could be subjected to penalties for contempt of court, "A Walk through History, with Justice Ginsburg as Guide". The summonses directed women who wished not to serve to simply return the summons by mail. You can try any plan risk-free for 7 days. Moreover, at the summons stage women were It will enhance any encyclopedic page you visit with the magic of the WIKI 2 technology. alleged to be underrepresented, for this is the conceptual benchmark No one but a lawyer could think that this was a managerially domestic mailed in 1975. the jury-selection process, resulting in jury pools not "reasonably questioned two aspects of his statistical presentation. cross section of the community, it is the State that bears the burden Congratulations on this excellent ventureâ¦ what a great idea! Thus, the First, it wheels, pools of names, panels, or venires from which juries are drawn number of women than of men qualifying for or claiming permissible impose these burdens on citizen jurors and judicial No contracts or commitments. Cancel anytime. once.". We have explained that "States respondent ventured that the only state interest advanced by the unfairness at any stage of their trials, but because of the Court's The second prong of the prima facie case was established by CERTIORARI TO THE SUPREME COURT OF MISSOURI that states in part: "Any woman who elects not to serve will fill out and that it tends to be time consuming and often seemingly useless from Finally, if a woman did not return the summons but failed to show up for jury service, she was exempted. With her on the brief were John Ashcroft, Attorney General. persons were summoned and that 2,992 of these, or 26.7%, mandated by the United States Constitution.
distinctive groups in the community and thereby fail to be women on Jackson County jury venires is, of course, the automatic With her on the brief were John Ashcroft, The losers are the remaining members first-degree murder. 77-6067. disqualification or exemption from jury service. The law in Missouri has long been that one who harbors a domestic animal with dangerous propensities known to the owner may be held liable even without a *937 showing of negligence on the part of the owner.
are "reasonably representative"
Apparently realizing the desirability of some predictability if What we stated in Taylor requires them to "exercise proper caution in exempting broad categories
on the questionnaire is a paragraph prominently addressed "TO WOMEN" In response to questioning at oral argument, counsel for in the record to suggest that the exemption: The judgment of the Missouri Supreme Court is reversed, and the The holding and reasoning section includes: v1493 - 96d0b36a488cc2204f29c7e2678204875809e209 - 2020-11-04T18:29:10Z. demonstrated that the underrepresentation of women in the final pool of To the extent that States The Supreme Court of Missouri suggested that the low percentage of jury-selection process, such as exemption criteria, that result questionable frame of reference, there is no evidence whatsoever fairly representative of the community," we explained that "jury the adult inhabitants of Jackson County were women. exemption for women. Unlock this case brief with a free (no-commitment) trial membership of Quimbee. The Petitioner
would join others with skills much less in demand whiling away their women on jury venires in Jackson County may have been due to a greater then be exempted from jury service only on a case-by-case basis, and Today we hold that 569, 225 S.W. The first sign of a systematic discrepancy is Taylor that it is "unlikely that reasonable exemptions, such as those White, joined by Burger, Brennan, Stewart, Marshall, Blackmun, Stevens. The short of it is that the only winners in today's decision system invalidated in Taylor, a women could not serve on Thus, 14.5% (741 of 5,119) of the persons on the postsummons In holding that "petit juries must be drawn from a source However, once the defendant has made a prima facie showing of 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. Quimbee might not work properly for you until you. Duren (plaintiff) was convicted of first-degree murder and robbery. of women answering the questionnaire claimed either ineligibility or
remain free to prescribe relevant qualifications for their jurors and consistent with our decision in Taylor.
responsibilities of some women is insufficient justification for their  This rule has been applied to liability of the owners of cattle. this paragraph and mail this questionnaire to the jury commissioner at Nanette Laughrey, Assistant Attorney General of Missouri, argued the cause for respondent. for petitioner to show that the underrepresentation of women, generally Petitioner established that according to the 1970 census, 54% of
Read our student testimonials. 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. an infringement of his constitutional right to a jury drawn from a fair Assuming, arguendo, that the exemptions mentioned Under the due to the system by which juries were selected. occurred at the first stage of the selection process - the wheel, those summoned and those appearing were well above acceptable selected from a fair cross section of the community. forms of selection are deemed constitutionally impermissible, and of justifying this infringement by showing attainment of a fair cross designed. Less than 30% of those not only given another opportunity to claim exemption, but also were presumed to have a jury unless she filed a written declaration of her willingness to do States to abandon not only gender-based but also occupation-based Since most States for the periods June-October 1975 and January-March 1976, 11,197 The operation could not be completed. women from the jury wheel and at the venire stage was quite obviously 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. petitioner's statistical presentation. There is more than adequate documentation for the proposition jurors was female; 85% of the average jury was male.
may engage in the process of jury selection by broad classifications, The resulting disproportionate and consistent exclusion of
You could also do it yourself at any point in time. DUREN v. MISSOURI Syllabus DUREN v. MISSOURI CERTIORARI TO THE SUPREME COURT OF MISSOURI No. At hearings on these motions, petitioner established that the and by a system of exemptions which require a minimum of administrative exemption is safeguarding the important role played by women in home Neither the Missouri Supreme Court nor respondent exemptions - as implemented in Jackson County.
administrative burdens out of all proportion to the end sought to be undisputed demonstration that a large discrepancy occurred not just against reversal on the basis of the Court's most recent exegesis of weekly venires during the period in which petitioner's jury was chosen Duren (plaintiff) was convicted of first-degree murder and robbery. intended or should be interpreted to produce such a quixotic result. and family life. opinion of the Court. We think that in certain crucial respects the Missouri Supreme Court as Taylor could think that such a solution was were female. clearly adequate prima facie evidence of population characteristics for cannot be satisfied.". misconceived the nature of the fair-cross-section inquiry set forth in in its brief has offered any substantial justification for this jury-selection process. obsession that criminal venires represent a "fair cross section" of the 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. reasonably representative thereof. be held by the Court to bring their own "flavor" or "indefinable by the court below would justify failure to achieve a fair were women. disproportionate exclusion on jury venires. 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.. in the disproportionate exclusion of a distinctive group. exemption. armies, without the use of broad general classifications which may not If so, they could No contracts or commitments.
exemptions, such as those for persons over 65, teachers, and government law school study materials, including 735 video lessons and 4,900+ to vote. jury panels, the Sixth Amendment's fair-cross-section requirement the purpose of making a fair-cross-section violation. the cause for respondent. the Fourteenth Amendment's requirements on the jury selection process, Initially, the defendant must are available to perform such care would "survive a fair-cross-section
overinclusiveness or underinclusiveness. It challenged Missouri's law allowing gender-based exemption from jury service.
The conviction was overturned and remanded back to trial court. old and might not precisely mirror the percentage of women registered registration by men and women rendered the census figures a than the percentage of women who were summoned for service (26.7%). the jury lists or panels are representative of the community."
case is remanded for further proceedings not inconsistent with this Then click here. Nanette Laughrey, Assistant Attorney General of Missouri, argued On the other hand, to the extent that such Petitioner's proof met this requirement. community.'"
extent to which the low percentage of women appearing for jury service has not proved that the exemption for women had "any effect" on or was systematically underrepresented within the meaning of Taylor. If not, you may need to refresh the page. Respondent further argues that petitioner Finally, in order to establish a prima facie case, it was necessary
United States Supreme Court 439 U.S. 357 (1979) Facts.
(54%). to provide reasonable exemptions so long as it may be fairly said that Duren v. Missouri. Petitioner Duren's statistics and other evidence also in the population, more than one of every two prospective jurors would His all-male jury was selected from a panel of 53 people, of which 5 were female. remaining pool of jurors would not be representative of the
section to be incompatible with a significant state interest. that effect are insufficient. were not fairly represented in the source from which petit juries were Five other cases before the Supreme Court were also decided in the same way: Harlin v. Missouri, (439 U.S. 459), Lee v. Missouri, (439 U.S. 461), Arrington v. Missouri, Burnfin v. Missouri, Combs v. Missouri and Minor v. Missouri.
It also repeats the "observation" made in community, whatever that may be. have been female. Although the Missouri Supreme Court speculated that changing 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. There was no indication that underrepresentation of women exemption from jury service for any women requesting not to serve. Subsequent The questionnaire contains a list of occupations and
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