New York University Annual Survey of American Law, Vol. 65, No. 2, p. 269, 2009
56 Pages Posted: 27 Jan 2010 Last revised: 11 May 2010
Date Written: January 27, 2010
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: 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