Jury diversity is a worthy goal and there are ways to reach it
Jury service is not easy and it’s not popular. But the right to a jury is embedded in the constitutional right to a fair trial. When juries do not reflect the diversity of the communities they serve, that concept of equal justice for all can be undermined.
In the case of the murder trial last week of Jerome H. Cole, who is Black, in Erie County Court, Judge Andrew C. LoTempio was presented with two jury pools that included a total of 121 potential jurors. Only one of them was Black.
This is – unfortunately – a common situation, but LoTempio did an uncommon thing. He twice refused to pick a jury, agreeing with the defense that a jury pool with no Black members was not representative of the county population. In doing so, LoTempio has called public attention to a problem that badly needs it. The Cole case has since been moved to another judge, and a new trial date will be assigned. But the elephant in the room –underrepresentation of minorities in juries – remains. It has been there for decades. More and better-targeted work must be done to ensure jury diversity.
The Editorial Board, November 12, 2024
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