64 Stan. L. Rev. 1503 (2012)
The American Jury: Can Noncitizens Still Be Excluded

handle is hein.journals/stflr64 and id is 1517 raw text is: THE AMERICAN JURY:
CAN NONCITIZENS STILL BE EXCLUDED?
Amy R. Motomura*
Though noncitizens can be, and frequently are, judged by juries, they are
categorically excluded from serving on them. In this Note, I explore the implica-
tions of this exclusion from demographic, functional, and doctrinal perspectives.
The demographic portrait of noncitizens and minorities in the United States
shows that the citizenship requirement for jury service results in the exclusion of
significant numbers of residents in certain regions, and that this exclusion is
highly skewed by race and ethnicity. The exclusion and resulting decrease injury
diversity has potentially negative effects on the jury's decisionmaking and its in-
stitutional legitimacy, and it excludes many residents who may be integrated into
the community for many other purposes. Doctrinally, the exclusion of noncitizens
from the jury might be challenged as unconstitutional on several grounds. Alt-
hough some of the constitutional arguments are unlikely to be persuasive to the
courts, I argue that there is room under the current doctrine for claims based on
rights of the party before the jury-either under equal protection or the fair
cross-section requirement of the Sixth Amendment-to succeed if properly
framed.
INTRODUCTION            .........................................    ......... 1504
I. THE DEMOGRAPHICS OF NONCITIZENSHIP        ....................... .......1506
II. THE EFFECT OF THE CITIZENSHIP REQUIREMENT ON JURY TRIALS ................1510
A. Jury as Decisionmaker.       ..................................1510
1. Nonminority citizen parties    ....................................1510
2. Noncitizen parties      .........................................1511
3. Minorityparties       ....................................1512
B. Jury as Civic Institution     ..........................       ........ 1515
III. LEGAL CHALLENGES TO THE CITIZENSHIP REQUIREMENT ...          ..............1516
A. The Citizenship Requirement Is Not Constitutionally Compelled............ 1516
B. Challenges to the Citizenship Requirement as Excluding on the Basis
of Citizenship.................................          .............1518
1. Rights ofpotentialjurors      ........................      ......1519
* J.D., Stanford Law School, 2012. I would like to thank Janet Alexander for a won-
derful class that led to an early draft of this Note and for comments on that draft; Ingrid
Eagly for comments on a later draft; Remy Durand for his assistance with the figures; and
Hiroshi Motomura for his comments and advice throughout the process.

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