A representative jury

The jury system is founded on the principle that an individual is judged by his or her peers, individuals like him or herself who hold the responsibility to determine guilt in criminal court or resolve disputes in civil court.

That is why in a state with the demographic characteristics of California it isn’t surprising that legal residents are being considered as jurors, as proposed in AB 1401, which was recently approved by the state Assembly.

Some legislators opposed to the measure fear that handing over to legal residents this civic duty means that those accused in the future could complain that they are being judged by individuals who might do not share “the same cultural experience.” What they aren’t saying is that this is already the case given that currently only citizens serve on juries in Los Angeles and California as a whole.

Figures from the Census Bureau show that more than 30% of those who live in California are immigrants in 2009 and the same is, over one-third of the population in Los Angeles. It is therefore questionable whether a jury today composed exclusively of citizens is representative and provides the accused with a jury of his or her peers.

It is clear that jury service is one of the duties of a citizen, but that doesn’t mean that the jury system cannot incorporate legal residents. Just take into account, for example, that same individual can serve in the U.S. Armed Forces. If a non-citizen can serve in one function, he can certainly serve in the other.

What is important is that a potential juror should meet all the requirements in terms of age, English fluency, absence of a criminal record, and be a resident of the respective county. This should be sufficient.

If the Senate passes the bill and the governor signs it into law, it will expand the number of individuals that can serve. This is critical because despite the importance of this responsibility for our legal system, many people regard it as a loss of time. However, what is a bother to some can be viewed by others as another path to increase assimilation through civic participation in a manner that benefits all Californians.