A. Average of All Divisions on January 27, 1969 (sample size 12, 810) a/ | |||
Race | Percentage in | ||
---|---|---|---|
Percentage on | Voting- | Statistical | |
Master Jury Wheel | Aged Population | Conclusion | |
Chicano | 6.935 | 10.3675 | Significant |
B. Average of All Divisions on January 27, 1969 (sample size 2,840). | |||
Race | Percentage on | Percentage in | |
---|---|---|---|
Returned | Voting- | Statistical | |
Questionnaires | Aged Population | Conclusion | |
black | 1.07 | 2.61 | Significant |
C. Denver Division from January 1972 through June 1973 (sample size, 723) | |||
Race | Percentage on | Percentage in | |
---|---|---|---|
Returned | Voting- | Statistical | |
Questionnaires | Aged Population | Conclusion | |
Chicano | 4.88 | 8.93 | Significant |
black | 1.94 | 3.00 | Not Significant |
D. Denver Division from January 1973 through December 1974 (sample size, 2020) | |||
Race | Percentage on | Percentage in | |
---|---|---|---|
Returned | Voting- | Statistical | |
Questionnaires | Aged Population | Conclusion | |
Chicano | 6.73 | 8.93 | Significant |
black | 2.48 | 3.00 | Not Significant |
E. Denver Division on July 30, 1973 and May 29, 1974 (complete sample size, 2111) | |||
Race | Percentage on | Percentage in | |
---|---|---|---|
Returned | Voting- | Statistical | |
Questionnaires | Aged Population | Conclusion | |
Chicano | 6.20 | 8.93 | Significant |
black | 1.94 | 3.00 | Significant b/ |
F. Grand Junction Division on July 2, 1973 (sample size, 832) | |||
Race | Percentage on | Percentage in | |
---|---|---|---|
Returned | Voting- | Statistical | |
Questionnaires | Aged Population | Conclusion | |
Chicano | 4.81 | 8.89 | Significant |
black | 0.00 | 0.21 | Not Significant |
G. Pueblo Division on July 6, 1973 (sample size, 872) | |||
Race | Percentage on | Percentage in | |
---|---|---|---|
Returned | Voting- | Statistical | |
Questionnaires | Aged Population | Conclusion | |
Chicano | 12.84 | 16.29 | Significant |
black | 1.49 | 2.90 | Significant |
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. . . .
The voting list need not perfectly mirror the percentage structure of the community. But any substantial deviations must be corrected by use of supplemental sources. Your committee would leave the definition of substantial to the process of judicial decision.
. . . the jury wheels, pools of names, panels, or venires from which juries are drawn must not systematically exclude distinctive groups in the community and thereby fail to be reasonably representative thereof.
TABLE B: UNITED STATES v. BUTERA6 |
Age Group | Percentage Disparity | (Comparative) |
21 - 24 | 92% underrepresented | |
25 - 29 | 82% underrepresented | |
30 - 34 | 51% underrepresented | |
35 - 39 | 15% underrepresented | |
40 - 44 | 17% overrepresented | |
45 - 49 | 29% overrepresented | |
50 - 54 | 29% overrepresented | |
55 - 59 | 30% overrepresented | |
60 - 64 | 37% overrepresented | |
65 - 69 | 53% overrepresented | |
70 - 74 | 17% overrepresented | |
75 and over | 83% underrepresented |
TABLE C |
---|
------- |
Percentage in | Percentage in | Absolute Percentage | |
---|---|---|---|
Jury Wheels | Population | Difference | |
Age Group | |||
21 to 29 | 16.01% | 27.81% | 11.80% |
underrepresented | |||
30 to 39 | 19.66% | 20.04% | 0.38% |
underrepresented | |||
40 and over | 64.44% | 52.15% | 12.29% |
overrepresented |
The government also challenged these statistics on grounds they were compiled from the questionnaires sent to prospective jurors, rather than from the actual master jury lists, many of which were not returned and some of which contained no ethnic or racial designation. This contention is supported by reference to the affidavit of counsel for defendant Bishop which contains both the percentage representation of Chicanos derived from an examination of the actual master jury lists and the percentage representation of Chicanos derived from the completed questionnaires: |
Denver | Grand Junction | Pueblo | |
% on Master Jury List | 5.41 | 3.88 | 14.02 |
% Shown on Questionnaires | 4.01 | 1.98 | 10.22 |
These comparisons indeed show a substantial margin of error. In light of our subsequent disposition of this issue, however, we will accept defendants' figures for purposes of discussion. |
Mode of Comparison | Jenkins | Goff | Swain | Test |
(Min.) | (Max.) | (Chicanos) | (Blacks) | ||||
Absolute Percentage | 2.15% | 6.17% | 10% | 16% | 1.08% | 3.43% | 1.54% |
Difference | (min.) | (max.) | (max.) | ||||
Comparative Percentage | 39% | 59% | 42% | 62% | 46% | 33% | 59% |
Underrepresentation | (min.) | (max.) | (max.) | ||||
Inpact on Panel of 50 | 1.1 | 3.1 | 5.0 | 8.0 | 2.0 | 1.7 | 0.8 |
Jurors | persons | persons | persons | persons | persons | persons | persons |
(min.) | (min.) | ||||||
Impact on Grand Jury | 0.5 | 1.1 | 2.3 | 3.7 | 0.9 | 0.8 | 0.4 |
of 23 | persons | persons | persons | persons | persons | persons | persons |
(min.) | (max.) | (max.) | |||||
Impact on Petit Jury | 0.26 | 0.7 | 1.2 | 1.92 | 0.49 | 0.41 | 0.18 |
of 12 | persons | persons | persons | persons | persons | persons | persons |
(min.) | (max.) | (max.) |
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