§ 1861. — Declaration of policy.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1861]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 121--JURIES; TRIAL BY JURY
Sec. 1861. Declaration of policy
It is the policy of the United States that all litigants in Federal
courts entitled to trial by jury shall have the right to grand and petit
juries selected at random from a fair cross section of the community in
the district or division wherein the court convenes. It is further the
policy of the United States that all citizens shall have the opportunity
to be considered for service on grand and petit juries in the district
courts of the United States, and shall have an obligation to serve as
jurors when summoned for that purpose.
(June 25, 1948, ch. 646, 62 Stat. 951; Pub. L. 85-315, part V, Sec. 152,
Sept. 9, 1957, 71 Stat. 638; Pub. L. 90-274, Sec. 101, Mar. 27, 1968, 82
Stat. 54.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 411 and 415 (Mar. 3,
1911, ch. 231, Secs. 275, 278, 38 Stat. 1164, 1165).
The revised section prescribes uniform standards of qualification
for jurors in Federal Courts instead of making qualifications depend
upon State laws. This is in accord with proposed legislation recommended
by the Judicial Conference of the United States.
The last paragraph is added to exclude jurors incompetent to serve
as jurors in State courts.
Amendments
1968--Pub. L. 90-274 substituted provisions declaring the policy of
the United States with respect to trial by jury and the opportunity to
serve on such juries for provisions setting out the required
qualifications of Federal jurors, including age, citizenship, residence,
freedom from conviction of certain crimes, ability to read, write,
speak, and understand the English language, and capability of rendering
efficient jury service.
1957--Pub. L. 85-315 substituted ``Qualifications of Federal
jurors'' for ``Qualifications'' in section catchline.
Pub. L. 85-315 substituted ``and who has resided for a period of one
year within the judicial district'' for ``and resides within the
judicial district'', and struck out provisions which prohibited service
as a grand or petit juror if a person was incompetent to serve as a
grand or petit juror by the law of the State in which the district court
is held.
Effective Date of 1968 Amendment
Section 104 of Pub. L. 90-274 provided that: ``This Act [amending
this section and sections 1821, 1862 to 1869, and 1871 of this title,
repealing section 867 of Title 48, Territories and Insular Possessions,
and enacting provisions set out as notes under this section] shall
become effective two hundred and seventy days after the date of
enactment [Mar. 27, 1968]: Provided, That this Act shall not apply in
any case in which an indictment has been returned or petit jury
empaneled prior to such effective date.''
Short Title of 1978 Amendment
Pub. L. 95-572, Sec. 1, Nov. 2, 1978, 92 Stat. 2453, provided that:
``This Act [enacting sections 1363 and 1875 of this title, amending
sections 1863, 1865, 1866, 1869, and 1871 of this title, renumbering
section 1363 (relating to construction of references to laws of the
United States or Acts of Congress) as section 1364 of this title, and
enacting provisions set out as a note under section 1363 of this title]
may be cited as the `Jury System Improvements Act of 1978'.''
Short Title
Section 1 of Pub. L. 90-274 provided: ``That this Act [amending this
section and sections 1821, 1862 to 1869, and 1871 of this title,
repealing section 867 of Title 48, Territories and Insular Possessions,
and enacting provisions set out as notes under this section] may be
cited as the `Jury Selection and Service Act of 1968'.''
Section Referred to in Other Sections
This section is referred to in sections 1863, 1866, 1878 of this
title.
