Women in United States juries

The idea of women sitting on juries in the United States was subject to ridicule up until the 20th century.
Studies in expression. When women are jurors, Charles Dana Gibson, 1902

The representation of women in United States juries has increased during years, due to legislation and court rulings. At times, women have been completely excluded, or allowed to opt out, from jury service.

History

As jury trial is guaranteed by the Sixth Amendment to the United States Constitution by the phrase "a speedy and public trial, by an impartial jury" and the Equal Protection Clause in the Fourteenth Amendment, gender representation in American juries have mainly been decided by Supreme court rulings.

In 1879, Strauder v. West Virginia supported state laws that completely excluded women from jury service.[1] Utah became the first state which included women in jury service, from 1898.[2] In 1942, Glasser v. United States struck down legislation that required women to take a jury class to serve as jurors. Hoyt v. Florida in 1961 upheld state laws that did not make women's jury service mandatory, but Taylor v. Louisiana in 1975 struck down such laws. In 1979, Duren v. Missouri ruled that women should not be permitted to opt out from jury service. J.E.B. v. Alabama was a 1994 ruling which held that lawyers could not use peremptory challenges to influence the jury's gender ratio.[3]

With current state legislation, all-female juries are possible. The jury of the State of Florida v. George Zimmerman got attention for its all-woman composition.[4]


Years in Which Women Gained Eligibility to Serve on State Juries[5]

1870: Wyoming (1870, 1890-1892)

1883: Washington (1883-1887)

1898: Utah (no regular service until 1930s)

1911: Washington

1912: Kansas, Oregon

1917: California

1918: Michigan, Nevada

1920: Delaware, Indiana, Iowa, Kentucky, Ohio

1921: Arkansas (no regular service until 1950s), Maine, Minnesota, New Jersey, North Dakota, Pennsylvania, Wisconsin

1923: Alaska (prior to statehood)

1924: Louisiana

1927: Rhode Island

1937: Connecticut, New York

1939: Illinois, Montana

1942: Vermont

1943: Idaho, Nebraska

1945: Arizona, Colorado, Missouri

1947: Maryland, New Hampshire, North Carolina, South Dakota

1949: Florida, Massachusetts, Wyoming

1950: Virginia

1951: New Mexico, Tennessee

1952: Hawaii, Oklahoma

1953: Georgia

1954: Texas

1956: West Virginia

1966: Alabama

1967: South Carolina

1968: Mississippi

See also

References

  1. ↑ http://www.law.cornell.edu/supremecourt/text/100/303
  2. ↑ https://www.aclu.org/blog/womens-rights/jury-ones-peers
  3. ↑ https://www.h-net.org/reviews/showrev.php?id=38851
  4. ↑ http://www.theatlantic.com/national/archive/2013/06/why-the-george-zimmerman-trials-all-female-jury-is-news/277103/
  5. ↑ McCammon, Holly J. The U.S. Women's Jury Movements and Strategic Adaptation: A More Just Verdict.2012. Cambridge University Press. New York City.


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