The Anabaptist Conscience and Religious Exemption to Jury Service
Texas Tech University School of Law
January 27, 2010
New York University Annual Survey of American Law, Vol. 65, No. 2, p. 269, 2009
Texas Tech Law School Research Paper No. 2010-13
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.
Number of Pages in PDF File: 56
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, K49Accepted Paper Series
Date posted: January 27, 2010 ; Last revised: May 11, 2010
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