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Resources: Jury Requirements

Exercise of jurisdiction over non-Indians also requires that tribes guarantee the defendant: “the right to a trial by an impartial jury that is drawn from sources that reflect a fair cross section of the community and do not systematically exclude any distinctive group in the community, including non-Indians.” (25 U.S.C. § 1304(d)(3)).

 

If a tribe does not currently hold jury trials, it will have to establish a system for jury pools and jury trials. If a tribe currently holds jury trials and does not include non-Indians in the jury pool, the tribe will have to determine which sources to draw non-Indians from to include in the jury summons pool. This can be a process specifically tailored for cases with non-Indian defendants.

 

Some tribes may not want to include non-Indians on all jury trials. However, for cases with non-Indian defendants a tribe will need to define its “community” and the ratio of non-Indians that make up that community, which will vary from tribe to tribe. The tribe will have to determine sources for lists of potential jurors and establish a random selection process to select the jury panel from the designated source lists. A tribe will have to decide how much to change its judicial system to exercise this special jurisdiction to accommodate what may be only a few cases.

Tribal Legal Code Resource: Tribal Laws Implementing TLOA Enhanced Sentencing and VAWA Enhanced Jurisdiction Guide for Drafting or Revising Tribal Laws to Implement the Tribal Law and Order Act (TLOA) Enhanced Sentencing and the Violence Against Women Act Reauthorization of 2013 (VAWA 2013) Special Domestic Violence Criminal Jurisdiction,” Tribal Law and Policy Institute (updated 2016), pp. 129–32.

Resources, Center for Jury Studies

The Center for Jury Studies is dedicated to facilitating the ability of these citizens to fulfill their role in the justice system and enhancing their confidence and satisfaction with jury service by helping judges and court staff improve jury management.

Jury Selection Plan Examples

 

Resources, Tribal Law and Policy Institute

 

ITWG Webinar Series - Jury Selection 

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