Excerpt from: The FedBar Magazine (click for full article)
Most Americans have only two chances to ensure their voices are heard—when they vote and when they serve on a jury. While a jury trial “contemplates a jury drawn from a fair cross section of the community,”41 legislators, the bar, and the bench alike have not allowed a large contingent of qualified, American citizens to perform their civic duty of serving on a jury. The important social policy of adhering to the law throughout a trial “argues against automatically foreclosing members of an important segment of our society from jury duty” merely on the basis of their disabilities. 42 Persons with disabilities must be allowed to share the honor and privilege of jury service in the same manner as other citizens and it is the responsibility of the bench, the bar, and the legislature to ensure equal access to jury service for people with disabilities. Justice requires no less.
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