The Anabaptist Conscience and Religious Exemption to Jury Service

Abstract

This Article develops a proposed framework for a religious exemption to jury service. Part I provides the background regarding why and how juries are impaneled. Part II describes the Anabaptist [Amish, Mennonite, Brethren, and Hutterite] world view in which jury service is inherently inconsistent with 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.

Keywords: religion, law, jury, conscientious objection, voir dire, free speech, free exercise, Constitution, Reynolds, Sherbert, Smith, Hialeah, Amish, Mennonite, Brethren, Hutterite, Quaker, Sermon on the Mount, Protestant Reformation, Swiss Brethren, military exemption, persecution, peremptory challenge

JEL Classification: K10, K19, K40, K41, K49