(1985). 2d 69 (1986) Brief Fact Summary. These principles are reinforced by the criminal laws of the United States. 2d 69, 1986 U.S. LEXIS 150, 54 U.S.L.W. The approving comments of the Lewis and Pointer Courts are noted above; the Swain Court emphasized the "very old credentials" of the peremptory challenge, 9, 1986, p. 29, col. 1. (1960). The Sixth Amendment states “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury” (www.law.cornell.edu). U.S., at 219 ] See, e. g., Commonwealth v. DiMatteo, 12 Mass. (1985), and now reverse. 14,000 + case briefs, hundreds of Law Professor developed 'quick' Black Letter Law. -242; Alexander v. Louisiana, supra, at 629-631. (1903)). 460 Trail courts rarely reject these explanations (in the third step) as disingenuous, or “pretextual” (Grosso & O’Brien, pg.1534-1535). Without expressly ruling on petitioner's request for a hearing, the trial judge denied the motion, and the jury ultimately convicted petitioner. (1967) (per curiam); Whitus v. Georgia, See also Johnson, Black Innocence and the White Jury, 83 Mich. L. Rev. to secure the defendant's right under the Fourteenth Amendment to "protection of life and liberty against race or color prejudice." composed of the peers or equals of the person whose rights it is selected or summoned to determine; that is, of his neighbors, fellows, associates, persons having the same legal status in society as that which he holds." Swain, [476 389 They explained: [ The Court concluded that discrimination on the basis of gender in jury selection does not substantially further the state's legitimate interest in achieving a fair and impartial trial. By requiring trial courts to be sensitive to the racially discriminatory use of peremptory challenges, our decision enforces the mandate of equal protection and furthers the ends of justice. 331, 336, 432 S. W. 2d 876, 878 (1968); Johnson v. State, 9 Md.
U.S. 79, 104]
1076, 90th Cong., 2d Sess., 5-6 (1968)). The Chief Justice also noted that the Court did not apply the conventional Equal Protection Clause framework to the claims before it because the state’s interest in preserving peremptory challenges might be so compelling as to allow the types of challenges that happened in this case. (1986), and New Jersey v. T. L. O., 315 9.38.
U.S., at 241 Id., at 210. Assume an Asian defendant, on trial for the capital murder of a white victim, asks prospective jury members, most of whom are white, whether they harbor racial prejudice against Asians. U.S. 897, 962 [476 ] It is worth observing that Congress has been unable to locate the constitutional deficiencies in the peremptory challenge system that the Court discerns today. . Neither of these statements has anything to do with the "evidentiary burden" necessary to establish an equal protection claim in this context, and both statements are directly contrary to the view of the Equal Protection Clause shared by the majority and the dissenters in Swain. 4 sit supinely by" and be flouted in case after case before a remedy is available.
of Oral Arg. , and had held that a defendant alleging lack of a fair cross section must demonstrate systematic exclusion of a group of jurors from the venire. Citation253 F.3d 933 (7th Cir.
Ante, at 97. Agency for Int’l Dev. The jurors complied and sentenced Mr. Foster to death (Thompson, web). ] The Kentucky Rules of Criminal Procedure authorize the trial court to permit counsel to conduct voir dire examination or to conduct the examination itself. pending, No. Administrative Oversight and Accountability, Chronological History of Authorized Judgeships - Courts of Appeals, Chronological History of Authorized Judgeships - District Courts. Court's opinion clearly contains such a limitation. 3d 258, 294, 583 P.2d 748, 773 (1978) (Richardson, J., dissenting). STEVENS, J., filed a concurring opinion, in which BRENNAN, J., joined, post, p. 108. [ Often it is hard to prove that race was a factor in peremptory challenging. The standard we adopt under the Federal Constitution is designed to ensure that a State does not use peremptory challenges to strike any black juror because of his race. The basic principles prohibiting exclusion of persons from participation in jury service on account of their race "are essentially the same for grand juries and for petit juries."
5-7 (relying heavily on McCray as a reason for review). from constitutional scrutiny. U.S. 79, 105] U.S. 1261 U.S. 79, 90] , n. 2 (1982) (STEVENS, J., dissenting) (quoting Cardinale v. Louisiana, Footnote 14 438, 311 A. 1611 (1985).
See ante, at 111, n. 5. To preserve the peremptory nature of the prosecutor's challenge, the Court in Swain declined to scrutinize his actions in a particular case by relying on a presumption that he properly exercised the State's challenges. Deputy Solicitor General Wallace argued the cause for the United States as amicus curiae urging affirmance. 103 For example, "total or seriously disproportionate exclusion of Negroes from jury venires," ibid., "is itself such an `unequal application of the law . U.S., at 209
1899) (quoted in Duncan v. Louisiana, These provisions are found in the Sixth Amendment, not the Equal Protection Clause of the Fourteenth Amendment relied upon by the Court. I do so because Swain itself indicated that the presumption of legitimacy with respect to the striking of black venire persons could be overcome by evidence that over a period of time the prosecution had consistently excluded blacks from petit juries. 4 If you do not cancel your Study Buddy subscription, within the 14 day trial, your card will be charged for your subscription. Please check your email and confirm your registration.
Footnote 3 The petitioner, Teague (the “petitioner”) was convicted in an Illinois state court of attempted murder and other offenses. 380 In Batson’s case, the judge dismissed several potential jurors for various causes. Alden v. Maine Brief for United States as Amicus Curiae 20, n. 11 (quoting H. R. Rep. No. of Retirement v. Murgia, I am at a loss to discern the governing principles here. U.S., at 1052 ." The state used its peremptory challenges to strike nine of 10 potential male jurors from the jury. Even if the equal protection issue had been pressed in the Kentucky Supreme Court, it has surely not been pressed here.
U.S. 1050 425 200 Nor do we express any views on the techniques used by lawyers who seek to obtain information about the community in which a case is to be tried, and about members of the venire from which the jury is likely to be drawn. 391 Rptr.