Notes on 28 U.S.C. § 1861 : US Code - Notes

Search Notes on 28 U.S.C. § 1861 : US Code - Notes

(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'."