Juries

Book Review: A Felon Among Us: Should Felons Be Allowed on Juries?

Michael Conklin

Abstract

This is a review of James M. Binnall’s new book, Twenty Million Angry Men: The Case for Including Convicted Felons in Our Jury System. The federal government and a majority of states have complete bans on felons serving on juries. Binnall makes a strong case for ending these bans, supported by his own personal experience as a felon who was denied jury service and by his own novel, empirical research. However, in his zeal to advocate for this position, he overstates favorable evidence and ignores potential counterarguments. This Review examines the strengths and weaknesses of Binnall’s arguments and provides missing counterarguments against allowing felons to serve on juries.

Felons and Jury Service in California

In the near future, it will become more common to see former felons serving on juries at least in California.  After January 1,  most Californians with a felony conviction will be allowed to serve as jurors so long as they are no longer on parole or probation.  This change was made possible by SB 310 introduced by Senator Nancy Skinner.  To read more about the pros and cons of allowing felons on juries go here.

 

CA Exploring Allowing Ex-Felons to Serve on Juries

California Globe: Convicted Felons Closer to Serving on California Juries

Mother Jones: Jury Duty Is the Next Big Step for Felons' Rights

 

OC Register: California moves to let felons serve on juries

 

Hot Air: Should felons serve on juries? California seems to think so

More Jury Reform Efforts in Louisiana

First, Louisiana overturned years of practice and voted to prohibit non-unanimous verdicts late last year.  Now, the state is considering whether to allow former felons the ability to serve as jurors.  House Bill 65, sponsored by Rep. Ted James, D-Baton Rouge, permits convicted felons who have been off parole or probation for more than 5 years to sit on juries.  If enacted into law, this bill would mark quite a turnaround for a state that has long been viewed by many as behind the times with respect to criminal law reform. 

 

Allowing Felons in NY to Serve on Juries

New York state senator Brian Benjamin recently introduced legislation to lift the state's ban on ex-felons serving as jurors.  According to Benjamin, “[i]f a person has completed the sentence for a felony, that person should be considered rehabilitated and given the opportunity to the full rights of citizenship, including the right to serve on a jury.” It appears that this legislation, S00221, may have a decent chance of being enacted.  There is a companion bill in the state Assembly and the senate version was recently passed out of committee despite concerns by both the ABA and the state's Republican minority party.  If S00221 becomes law, NY will become one of the few states that allow felons to serve on juries.  While there has been a big push to restore voting rights to felons, the same cannot be said for sitting on a jury.