Sentences with phrase «against black jurors»

The reality of practice, amply reflected in many state and federal court opinions, shows that the challenge may be, and unfortunately at times has been, used to discriminate against black jurors.

We have confidence that trial judges, experienced in supervising voir dire, will be able to decide if the circumstances concerning the prosecutor's use of peremptory challenges creates a prima facie case of discrimination against black jurors.

[p97] For example, a «pattern» of strikes against black jurors included in the particular venire might give rise to an inference of discrimination.

Not exact matches

United States v. Newman, 549 F. 2d 240 (CA2 1977), the Equal Protection Clause forbids the prosecutor to challenge potential jurors solely on account of their race or on the assumption that black jurors as a group will be unable impartially to consider the State's case against a black defendant.

the Equal Protection Clause forbids the prosecutor to challenge potential jurors solely... on the assumption that black jurors as a group will be unable impartially to consider the State's case against a black defendant.