The Anabaptist Conscience and Religious Exemption to Jury Service

Date

2009

Authors

Hatfield, Michael

Journal Title

Journal ISSN

Volume Title

Publisher

New York University Annual Survey of American Law
New York University Annual Survey of American Law

Abstract

This article addresses whether the court system should force a citizen to participate in jury duty even if the citizen refuses to serve on a jury for deeply held and unconditional religious beliefs. Professor Hatfield argues that the answer to this question is no, and develops a proposed framework for a religious exemption to jury service. The article commences with an introduction explaining the purpose and format of the article. Part I provides background regarding why and how juries are impaneled. Part II describes the Anabaptist [Amish, Mennonite, Brethren, and Hutterite] worldview, explaining why jury service is inherently inconsistent with an Anabaptist’s religious principles. Part III argues for a constitutional guarantee of a religious exemption from jury service. Part IV provides a proposal for categorical exclusion of conscientious objectors to jury service.

Description

Keywords

Jury, Free Exercise Clause, Jury service, Religion, Voir dire, Free speech

Citation

65 N.Y.U. Ann. Surv. Am. L. 269