Organization, Labor Force, and Jury Representation : Economic Excuses and Jury Participation
Economic excuse is the most significant form of voluntary self-exclusion from jury selection. In this paper, the sources of the economic excuse are examined with respect to jurors' organizational affiliation, occupation, and class position. Our sample comes from the 1986 California County Master Key list. More than 1,000 prospective jurors were contacted to gather information on their eligibility to serve on juries. Logit regression was the analytical method used. Our analysis suggests that company policies on jury compensation play a key role in determining the pattern of economic excuses. Our analysis also points out that prospective jurors' employment conditions and structural locations in the labor market are important in explaining the pattern of economic excuses for workers without company compensation. Labor market measures, such as employment status and employee age, are also important predictors of economic excuses for jurors with company compensation. In addition, legal variables and other non-economic excuses are important in explaining jury participation. Their impacts are especially significant for jurors with no company compensation. Individual characteristics also play an important role in predicting an economic excuse. Both white and English-speaking jurors who work in less stable, secondary economic sectors and without company compensation are more likely to request an economic excuse than racial minorities and non-English speakers. Our analysis also sheds light upon potential jurors' perceptions of jury service. While apprehension of jury service is perhaps inevitable, it is important that future research examine potential jurors' psychological perceptions of what jury service entails along with their economic status. Our empirical results suggest that while some attempts in the past have failed, it is important to establish and implement laws or regulations that encourage corporate participation through mandated reimbursement policies and/or guarantees of adequate economic reward from the company. Otherwise, the "fair cross-section" requirement may not be met by using the current jury selection process
Year of publication: |
2015
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Authors: | Fukurai, Hiroshi ; Butler, Edgar W. |
Publisher: |
[S.l.] : SSRN |
Saved in:
freely available
Extent: | 1 Online-Ressource (24 p) |
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Type of publication: | Book / Working Paper |
Language: | English |
Notes: | In: Jurimetrics, 1991 (Fall), 32: 49-69 Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments March 23, 1991 erstellt |
Source: | ECONIS - Online Catalogue of the ZBW |
Persistent link: https://www.econbiz.de/10014136933
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