Prohibits juror disqualification based on gender identity or sexual orientation; codifies procedures when discriminatory use of peremptory challenges is alleged.
The bill seeks to codify a fairer procedure for addressing claims of discrimination in the jury selection process, particularly related to the use of peremptory challenges. If a party in a trial believes that a peremptory challenge was exercised based on discriminatory reasons, the burden shifts to the party making the challenge to demonstrate that their actions were based on a neutral, situation-specific basis. If the court finds any discriminatory motivation, it has the discretion to impose remedies such as reseating the juror, forfeiting the challenge, or restarting jury selection. This reflects an important shift in judicial oversight regarding jury impartiality.
A1751 is a legislative proposal aimed at amending New Jersey's laws regarding jury service disqualifications. The bill explicitly prohibits disqualifying individuals from serving as jurors based on their gender identity or sexual orientation, adding these categories to the existing list of protected characteristics, which includes race, color, creed, national origin, ancestry, marital status, and sex. This amendment is framed as a necessary step towards ensuring that the jury selection process is inclusive and equitable, reflecting a broader commitment to civil rights.
One notable point of contention surrounding A1751 is the elimination of classification for violators from a misdemeanor to a civil penalty, structured as a $5,000 fine. Critics argue that this decriminalizes what they see as discriminatory practices and argue that a more robust deterrent is necessary. Proponents, including the bill's sponsors, argue that decriminalization aligns better with the goal of reducing wrongful exclusions based on identity without discouraging jurors from serving due to fear of criminal charges. They believe the focus should instead be on civil remedies that are proportionate to the nature of the violation.