The inclusion of ex-prisoners on juries

The inclusion of ex-prisoners on juries

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.

This article was first published by Thomson Reuters in Journal of Judicial Administration and should be cited as Anthony Gray, The inclusion of ex-prisoners on juries, (2017) 26 JJA 59. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at https://www.thomsonreuters.com.au/en-au/contact.html. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase.