Sentences with phrase «challenging black jurors»
Once the defendant makes a prima facie showing, the burden shifts to the State to come forward with a neutral explanation for challenging black jurors.
https://www.law.cornell.edu/ Not exact matches
This week the United States Supreme Court accepted for consideration the case of Foster v. Humphrey, regarding Georgia prosecutors» use of peremptory challenges to strike every black juror in the jury pool in the defendant's case.
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.
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.
And because the case - specific use of peremptory challenges by the State does not deny blacks the right to serve as jurors in cases involving nonblack defendants, it harms neither the excluded jurors nor the remainder of the community.
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.
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 Court now rules that such use of peremptory challenges in a given case may, but does not necessarily, raise an inference, which the prosecutor carries the burden of refuting, [p101] that his strikes were based on the belief that no black citizen could be a satisfactory juror or fairly try 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.