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The Anabaptist Conscience and Religious Exemption to Jury Service

New York University Annual Survey of American Law, Vol. 65, No. 2, p. 269, 2009

Texas Tech Law School Research Paper No. 2010-13

56 Pages Posted: 27 Jan 2010 Last revised: 11 May 2010

Michael Hatfield

University of Washington - School of Law

Date Written: January 27, 2010

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

Suggested Citation

Hatfield, Michael, The Anabaptist Conscience and Religious Exemption to Jury Service (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. Available at SSRN: https://ssrn.com/abstract=1543419

Michael Hatfield (Contact Author)

University of Washington - School of Law ( email )

William H. Gates Hall
Box 353020
Seattle, WA 98105-3020
United States
206-221-1535 (Phone)

HOME PAGE: http://www.law.washington.edu/Directory/Profile.aspx?ID=725

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