Ending race discrimination in jury selection: whose right is it, anyway?
Article Abstract:
Recent cases following Batson v Kentucky have advanced the jurisprudence of race discrimination in jury selection by focusing on the rights of the excluded jurors rather than on rights of the criminal defendant. Standing was granted to assert the rights of excluded jurors to civil litigants in Edmonson v Leesville Concrete Co and to criminal defendants of any race in Powers v Ohio; standing should also be granted to prosecutors. This does not mean that peremptory challenges should be eliminated, as they still perform a valuable function in protecting against juror bias.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 1992
User Contributions:
Comment about this article or add new information about this topic:
The effect of assumptions about racial bias on the analysis of Batson's three harms and the peremptory challenge
Article Abstract:
Assumptions about racial bias affect the debate over the relative importance of the three harms that result from discriminatory use of the peremptory challenge. The three harms are harm to the defendant or litigant, to the juror who has been excluded, and to the community or justice system. Eliminating, rather than restricting, use of the peremptory challenge may be the best way to resolve the issue and increase minority representation on juries, thereby addressing each of the three harms.
Publication Name: Annual Survey of American Law
Subject: Law
ISSN: 0066-4413
Year: 1994
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Disputing distributions in a shrinking commons: the case of drought in California. This bird has flown: the uncertain fate of wildlife on closed military bases
- Abstracts: Labor-management cooperation: a critical view. Age discrimination in employment: the over qualified older worker
- Abstracts: Condition treatable with medication not a "disability" under ADA. Salary continuation plan terminated by operation of law following RTC takeover of failed thrift
- Abstracts: Ethical dilemmas in HIV infection: what have we learned? Hospice care as an alternative to euthanasia
- Abstracts: Expedited arbitration and other innovations in alternative dispute resolution. Arbitration is okay