The Dilution Effect: Federalization, Fair Cross-Sections, and the Concept of Community

Laura Dooley
unpublished
Kim Forde -Mazrui, 2 question, has remained largely unexamined. 2 The purpose of this Article is to fill that gap, and to do so using communitarian and postmodern theories to explore the idea of community as it pertains to the composition of juries. The issues examined here are not, however, purely theoretical. They have grave practical importance for criminal defendants facing trial. Lawyers on both sides of criminal prosecutions have long tried to manipulate the composition of juries in an
more » ... of juries in an effort to obtain favorable results at trial. Devices like peremptory challenges and change of venue motions are routinely used in these efforts, and the strategic effects and
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