Now in foreground: jurors' backgrounds
Attorneys split on need for checks.

May 5, 2006

Lack of truthfulness on jury questionnaires is a growing problem that is prompting calls for criminal background checks of jurors.

Jurors' criminal records are being discovered during or after trial, triggering mistrials and providing grounds for appeal across the country. Many in the legal profession-particularly prosecutors-are calling for background checks.

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The issue also has caught the attention of the American Bar Association, which last year adopted new "Principles for Juries and Jury Trials." One recommendation: If a party is going to conduct background checks, then the information should be shared with the other side.

(for the entire article, click here: National Law Journal article)
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Q: I always ran criminal history checks on jurors to ensure they were qualified to serve under the applicable statutes (no felony, no theft, etc.); does any office not do that?

Our office does not do that unless 1) potential juror is "not sure" if he/she has felony/theft conviction when asked or 2) judge asks us to do it.