Does a jury selection error result in a guilt-prone jury?

California, United States of America


The following excerpt is from People v. Sand, 146 Cal.Rptr. 448, 81 Cal.App.3d 448 (Cal. App. 1978):

But even though defendant has not established that the jury selection procedures in the case at bench resulted in a guilt-prone jury, it is my view [81 Cal.App.3d 460] that those procedures did result in excluding from service on the jury a large and identifiable segment of the community, which constitutes error. In Peters v. Kiff (1972) 407 U.S. 493, 503-504, 92 S.Ct. 2163, 2169, 33 L.Ed.2d 83, the United States Supreme Court declared: "When any large and identifiable segment of the community is excluded from jury service, the effect is to remove from the jury room qualities of human nature and varieties of human experience, the range of which is unknown and perhaps unknowable. It is not necessary to assume that the excluded group will consistently vote as a class in order to conclude, as we do, that its exclusion deprives the jury of a perspective on human events that may have unsuspected importance in any case that may be presented." (Fn. omitted.)

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