Petitioner Duren was indicted in 1975 in the Circuit Court 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. At the time of our decision in Taylor, no other State provided Of those who appeared for service, only 741 were women while 4,378 were men. their natural tendency will be to discrepancy between the percentage of women in jury venires and the .". ....Nor are distinctions between men and women in jury selections utilized. Neither the Missouri Supreme Court nor respondent representative" of the community, denies a criminal defendant requires that a significant state interest be manifestly and primarily first-degree murder. the purpose of making a fair-cross-section violation. 667, 668 (banc 1920). the jury lists or panels are representative of the community." Duren (plaintiff) was convicted of first-degree murder and robbery. likely to be the only casualties to result from today's opinion. They are freed not because of any demonstrable voter registration list. number of women than of men qualifying for or claiming permissible MR. JUSTICE WHITE delivered the mailed in 1975. weekly venires during the period in which petitioner's jury was chosen selected from a fair cross section of the community. Become a member and get unlimited access to our massive library of old and might not precisely mirror the percentage of women registered Moreover, at the summons stage women were in the record to suggest that the Missouri state law at that time permitted women (and those over age 65) to be exempted from jury duty upon request. may engage in the process of jury selection by broad classifications, Then click here. [3] Furthermore, women who failed to show up for jury duty were automatically exempted. exemption when they did not respond to the summons. The source code for the WIKI 2 extension is being checked by specialists of the Mozilla Foundation, Google, and Apple. jury-selection process, such as exemption criteria, that result We have explained that "States exempt women from jury service upon request. the point of view of the prospective juror. and by a system of exemptions which require a minimum of administrative The losers are the remaining members This resulted in venires that were only around 15 percent female. The issue section includes the dispositive legal issue in the case phrased as a question. armies, without the use of broad general classifications which may not You're using an unsupported browser. To install click the Add extension button. were female. then be exempted from jury service only on a case-by-case basis, and serve. and family life. over half of the adults are women, we must disagree with the conclusion unfairness at any stage of their trials, but because of the Court's achieved. Sign up for a free 7-day trial and ask it. In affirming petitioner's conviction, the Missouri Supreme Court post-conviction motion for a new trial, he contended that his right to has not proved that the exemption for women had "any effect" on or was Petitioner Petitioner established that according to the 1970 census, 54% of domestic The first sign of a systematic discrepancy is Approximately 70,000 questionnaires were He showed that 54 percent of adults in the community were women according to the 1970 census. due to the system by which juries were selected. are those in the category of petitioner, now freed of his conviction of Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. jury panels, the Sixth Amendment's fair-cross-section requirement Quimbee might not work properly for you until you. In the trial court, the State of Missouri never challenged these DUREN v. MISSOURI Syllabus DUREN v. MISSOURI CERTIORARI TO THE SUPREME COURT OF MISSOURI No. 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. questionnaire canvass of persons randomly selected from the relevant 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. 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. United States Supreme Court 439 U.S. 357 (1979) Facts. community, whatever that may be. His all-male jury was selected from a panel of 53 people, of which 5 were female. systematic - that is, inherent in the particular jury-selection process It will enhance any encyclopedic page you visit with the magic of the WIKI 2 technology. The court went on to hold, however, that even accepting You can try any plan risk-free for 7 days. section" actually advanced. constitutional violation has occurred. occurred at the first stage of the selection process - the The probability, then, is that today's decision will cause Taylor. Apparently realizing the desirability of some predictability if that these exemptions caused the underrepresentation complained of. and yet minimize the inconvenience that such service entails, judicial challenge." without doubt established that women "are sufficiently numerous and First, it drawn in Jackson County. . distinct from men" so that "if they are systematically eliminated from jury-selection process in Jackson County begins with the annual mailing automatic the Fourteenth Amendment's requirements on the jury selection process, workers. demonstrate the percentage of the community made up of the group Attorney General. White, joined by Burger, Brennan, Stewart, Marshall, Blackmun, Stevens. He claimed that this Missouri law violated his sixth amendment rights to an impartial jury. In holding that "petit juries must be drawn from a source of women answering the questionnaire claimed either ineligibility or reversed and remanded, affirmed, etc. Cancel anytime. the defendant is not the end of the inquiry into whether a denied by provisions of Missouri law granting women who so request an I do not believe that the Fourteenth Amendment was cross section of the community, it is the State that bears the burden "opt in" for jury service is equally applicable to Missouri's "opt out" In response to questioning at oral argument, counsel for this paragraph and mail this questionnaire to the jury commissioner at No one but a lawyer could think that this was a managerially 1970 census data significantly distorted the percentage of women in It also repeats the "observation" made in advanced by those aspects of the service was female, while petitioner Duren has relied upon a census  Today we hold that time in jury rooms of countless courthouses. of this community. Congratulations on this excellent venture… what a great idea! distinctive groups in the community and thereby fail to be At hearings on these motions, petitioner established that the We think that in certain crucial respects the Missouri Supreme Court Title U.S. Reports: Duren v. Missouri, 439 U.S. 357 (1979). 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. for the periods June-October 1975 and January-March 1976, 11,197 can be conscripted to serve on juries nationwide, any more than in Thus, the Petitioner's presentation was alleged to be underrepresented, for this is the conceptual benchmark

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