The Anabaptist Conscience and Religious Exemption to Jury Service
Michael Hatfield, 65 N.Y.U. Ann. Surv. Am. L. 269 (2009)
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The right of devoutly religious people to serve on juries is a recurring subject of legal commentary. This issue usually arises with respect to peremptory challenges to remove a juror. Peremptory challenges by attorneys reflect their decisions as to which potential jurors are most likely to disfavor their clients. Predictably, the challenges are often based on stereotypes. This raises the constitutional issue: can peremptory challenges be based on religious stereotypes? Thus far, the Supreme Court of the United States has prohibited peremptory challenges based on race, but not based on religion. The resulting concern is that some Americans may be impermissibly denied the ability to participate in jury service because of their religious devotion.
