Sentences with phrase «striking black jurors»

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.

Not exact matches

The law states that once the defense has made an initial showing that jurors are being struck just because they are black and may sympathize with a black defendant, the prosecution must show that there were other legitimate reasons.

Many criminal defense lawyers, she says, «maintain that the prosecution practice of using peremptory strikes to remove black jurors remains widespread.»

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

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.