VAWA - Primer on Fair Cross Section Jury Pools
Under the recently reauthorized Violence Against Women Act, 25 USC § 1304(d) requires that in a criminal proceeding in which a participating tribe exercises special domestic violence criminal jurisdiction, the participating tribe shall provide to the defendant…
3. the right to a trial by an impartial jury that is drawn from sources that
A.reflect a fair cross section of the community; and
B.do not systematically exclude any distinctive group in the community, including non-Indians; and
Although there are other requirements that tribes must satisfy to exercise special domestic violence criminal jurisdiction, an impartial jury drawn from a fair cross section of the community that does not exclude distinctive groups is uncharted legal territory for most tribes. This webinar discusses the basics of a solid jury plan for tribes considering exercising special domestic violence criminal jurisdiction.
To view this webinar on Windows Media Player, click here.
To view the slides from this webinar, click here.