Although the Supreme Court ruled as long ago as 1880 that Blacks could not be excluded outright from jury service, nearly a century of case-by-case adjudication
has been necessary to develop and enforce the principle that all juries must be drawn from “a fair cross section of the community.”
(A) has been necessary to develop and enforce the principle that all juries must be
(B) was necessary for developing and enforcing the principle of all juries being
(C) was to be necessary in developing and enforcing the principle of all juries to be
(D) is necessary to develop and enforce the principle that all juries must be
(E) will be necessary for developing and enforcing the principle of all juries being
TIME September 28, 1981 | Vol. 118 No. 13We, the Jury, Find the . . . LINKBy
Otto Friedrich Monday, Sept. 28, 1981
If the jury is fundamental to the U.S. system of justice, then it is clearly fundamental that the selection of jurors must also be just. Though the U.S. Supreme Court ruled as long ago as 1880 that the newly emancipated blacks could not be excluded outright from jury service, nearly a century of case-by-case adjudication
has been necessary to develop and enforce the court's principle that all juries must be drawn from "a fair cross section of the community." And how is such a cross section to be determined? The traditional method was that "key men" in the community—bankers and merchants, for the most part—drew up lists of responsible citizens who would serve. Not until this past winter was the last such key-man system discarded, in New Hampshire, after a conviction based on it was overturned.