The inclusion of ex-prisoners on juries

Gray, Anthony (2017) The inclusion of ex-prisoners on juries. Journal of Judicial Administration, 26 (2). pp. 59-75. ISSN 1036-7918

Abstract

This paper considers the validity of rules in each state which restrict the ability of those who have been convicted of crime (and imprisoned) to serve on juries. These exclusionary rules stop a significant number of individuals from serving on juries. It argues that such restrictions may be difficult to justify on policy grounds. The law generally believes that once a person has served their punishment, they are entitled to a fresh start. When the law places restrictions on the ability of ex-prisoners to contribute to an important societal function, it undermines this belief. Such restrictions might be based on antiquated notions of individuals as inherently good or evil, ignoring more enlightened literature noting that, in most cases, whether or not a person commits crime is based on environmental, social or situational factors, rather than inherent evil.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Permanent restricted access to Published version, in accordance with the copyright policy of the publisher.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 10 Mar 2017 04:07
Last Modified: 30 Jul 2017 23:29
Uncontrolled Keywords: juries, prisoners, ex-prisoners, representative
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180110 Criminal Law and Procedure
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940403 Criminal Justice
URI: http://eprints.usq.edu.au/id/eprint/30892

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