Georgia Changes Jury Selection Process

August 08, 2012 (Press-News.org) On July 1, 2012, Georgia changed the way that counties select citizens for jury duty. Lawmakers updated the state's 200-year-old jury selection system after some raised concerns that the way the state selected juries was unconstitutional. Georgia residents should be aware of the changes to the jury selection process and the role that juries play in criminal trials.

"Forced Balancing"

Prior to the reforms, Georgia was the only state in the U.S. to use a method called "forced balancing" when selecting jury pools. Jury selection committees would begin with a list of everyone eligible for jury duty in a county and then remove people based on age, race or gender so that the pool of potential jurors matched the county's demographic composition as reported by the most recent census statistics.

Officials used the forced balancing technique in an effort to ensure that juries were not skewed racially, age-wise or toward a particular gender.

Including Everyone Eligible

State lawmakers and the Georgia Supreme Court changed the laws and court rules governing jury selection to make the process encompass more citizens. Going forward, court clerks will use voter registration lists and driver's license lists to locate all of the people in a given county who are eligible for jury duty. Anyone who is over 18 years old, not a convicted felon and has not been adjudicated incompetent is eligible for jury duty. After the court clerks have amassed the lists of those eligible, they will randomly select people for jury duty.

Juries in Criminal Trials

Juries can play a vital role in the criminal justice system. The Sixth Amendment to the U.S. Constitution guarantees people the right to a trial with an impartial jury of peers when they face criminal charges. Case law has determined that a jury of peers means, among otherthings, that members of a jury represent the demographic make-up of the community.

The jury weighs the evidence that each side presents at trial and determines whether the state has proven each element of the charges the defendant faces. If all of the jury members cannot agree on a verdict, then the jury is considered "hung" and the court will declare a mistrial.

Talk to an Attorney

Facing criminal charges can be daunting. Trying to navigate the legal system is often intimidating for those unfamiliar with it. If you have been charged with a crime, seek the guidance of a seasoned criminal defense attorney who can help defend your rights.

Article provided by Ross & Pines, LLC
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