2. 考研
  3. Many Americans regard the jury system as a concrete expression of crucial democratic values, including the principles that all c

Many Americans regard the jury system as a concrete expression of crucial democratic values, including the principles that all c

admin2019-06-11  84
问题    Many Americans regard the jury system as a concrete expression of crucial democratic values, including the principles that all citizens who meet minimal qualifications of age and literacy are equally competent to serve on juries; that jurors should be selected randomly from a representative cross section of the community; that no citizen should be denied the right to serve on a jury on account of race, religion, sex, or national origin; that defendants are entitled to trial by their peers; and that verdicts should represent the conscience of the community and not just the letter of the law. The jury is also said to be the best surviving example of direct rather than representative democracy. In a direct democracy, citizens take turns governing themselves, rather than electing representatives to govern for them.
   But as recently as in 1986, jury selection procedures conflicted with these democratic ideals. In some states, for example, jury duty was limited to persons of supposedly superior intelligence, education, and moral character. Although the Supreme Court of the United States had prohibited intentional racial discrimination injury selection as early as the 1880 case of Strauder v. West Virginia, the practice of selecting so-called elite or blue-ribbon juries provided a convenient way around this and other antidiscrimination laws.
   The system also failed to regularly include women on juries until the mid-20th century. Although women first served on state juries in Utah in 1898, it was not until the 1940s that a majority of states made women eligible for jury duty. Even then several states automatically exempted women from jury duty unless they personally asked to have their names included on the jury list. This practice was justified by the claim that women were needed at home, and it kept juries unrepresentative of women through the 1960s.
   In 1968, the Congress of the United States passed the Jury Selection and Service Act, ushering in a new era of democratic reforms for the jury. This law abolished special educational requirements for federal jurors and required them to be selected at random from a cross section of the entire community. In the landmark 1975 decision Taylor v. Louisiana, the Supreme Court extended the requirement that juries be representative of all parts of the community to the state level. The Taylor decision also declared sex discrimination injury selection to be unconstitutional and ordered states to use the same procedures for selecting male and female jurors.
The practice of selecting so-called elite jurors prior to 1968 showed
选项 A、the inadequacy of antidiscrimination laws.
B、the prevalent discrimination against certain races.
C、the conflicting ideals injury selection procedures.
D、the arrogance common among the Supreme Court judges.
答案A
解析 细节题。文章第二、三段分别分析了陪审团制度与民主化理想之间的冲突。第二段最 后一句话指出，“虽然美国最高法院早在1880年斯特劳德诉西弗吉尼亚州的案件中就禁止了 陪审团遴选方面蓄意的种族歧视，但挑选所谓的精英或蓝带陪审员的做法却为规避上述及其 他反歧视法律提供了便利。”本句为该题的正确答案提供了依据，因此A项“反歧视法律的不 完备”为正确选项。B项“对某个种族的普遍歧视”，过于宽泛，故为干扰项。C项“陪审员挑选 过程中的相互冲突的理念”，与原文不符。D项“在最高法院法官之间常见的傲慢”，也与原文 没有关系。
转载请注明原文地址:https://kaotiyun.com/show/x69Z777K
0

考研英语一

相关试题推荐
随机试题
最新回复(0)