During the criminal trial in a Kentucky state court of petitioner, a black man, the judge conducted voir dire examination of the jury venire and excused certain jurors for cause.
The prosecutor then used his peremptory challenges to strike all four black persons on the venire, and a jury composed only of white persons was selected. Defense counsel moved to discharge the jury on the ground that the prosecutor's removal of the black veniremen violated petitioner's rights under the Sixth and Fourteenth Amendment s to a jury drawn from a cross section of the community, and under the Fourteenth Amendment to equal protection of the laws.
Without expressly ruling on petitioner's request for a hearing, the trial judge denied the motion, and the jury ultimately convicted petitioner. Affirming the conviction, the Kentucky Supreme Court observed that recently, in another case, it had relied on Swain v.
Alabama, U. The principle announced in Strauder v. West Virginia, 10 OttoU. Strauder v. West Virginia, 10 Dating in Austin Texas TX area, U. However, the Equal Protection Clause guarantees the defendant that the State will not exclude members of his race from the jury venire on of race, or on the false Abilene TX date night ideas that members of his race as a group are not qualified to serve as jurors.
By denying a person participation in jury service on of his race, the State also unconstitutionally discriminates against the excluded juror.
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Moreover, selection procedures that purposefully exclude black persons from juries free online dating Moreno Valley CA no subscription public confidence in the fairness of our system of justice. Although a prosecutor ordinarily is entitled to exercise peremptory challenges for any reason, as long as that reason is related to his view concerning the dating oriental ladies in Fort Collins CO of the case to be tried, the Equal Protection Clause forbids the prosecutor to challenge potential jurors solely on 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 portion of Swain v. Alabama, supra, concerning the evidentiary burden placed on a defendant who claims that he has been denied equal protection through the State's discriminatory use of peremptory challenges is rejected. In Swain, it was held that a black defendant could make out a prima facie case of purposeful discrimination on proof that the peremptory challenge system as a whole was being perverted. Evidence offered by the defendant in Swain did not meet that standard because Manchester NH dating girl did not demonstrate the circumstances under which prosecutors in the jurisdiction were responsible for striking black jurors beyond the facts of the defendant's case.
This evidentiary formulation is inconsistent with equal protection standards subsequently developed in decisions relating to selection of the jury venire. A defendant may make a prima facie showing of purposeful racial discrimination in selection of the venire by relying solely on the facts concerning its selection in his case.
A defendant may establish a prima facie case of purposeful discrimination solely on evidence concerning the prosecutor's exercise of peremptory challenges at the defendant's trial. The defendant first must show that he is a member of a cognizable racial group, and that the prosecutor has exercised peremptory challenges to remove from the venire members of the defendant's race.
The defendant may also rely on the fact that peremptory challenges constitute a jury selection practice that permits those to discriminate who are of a mind to discriminate. Finally, the defendant must show that such facts and any other relevant circumstances raise an inference that the prosecutor used peremptory challenges to exclude the veniremen from the petit jury on of their race. Once the defendant online dating Naperville girls a prima facie showing, the burden shifts to the State to come forward with a neutral explanation for challenging black jurors.
The prosecutor may not rebut a prima facie showing by stating that he challenged the jurors on the assumption that they would be partial to the defendant Billings Montana MT hookups of their shared race or by affirming his good faith in individual selections. While the peremptory challenge occupies an important position in trial procedures, the above-stated principles will not undermine the contribution that the challenge generally makes to the administration of justice.
Nor will application of such principles create serious administrative difficulties. Because the trial court here flatly rejected petitioner's objection to the prosecutor's native Murfreesboro dating online of all black persons on the venire without requiring the prosecutor to explain his action, the case is remanded for further proceedings.
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Lawrence G. Wallace, Washington, D. This case requires us to reexamine that portion of Swain v. On the first day of trial in Jefferson Circuit Court, the judge conducted voir dire examination of the venire, excused certain jurors for cause, and permitted the parties to exercise peremptory challenges.
Defense counsel moved to discharge the jury before it was sworn on the ground that the prosecutor's removal of the black veniremen violated petitioner's rights under the Sixth and Fourteenth Amendment s to a jury drawn from a cross section of the community, and under the Fourteenth Amendment to equal protection of the laws. Counsel requested a hearing on his motion. Without expressly ruling on the request for a hearing, the trial judge observed that the parties were entitled to free Richmond Virginia VA dating advanced search their peremptory challenges to "strike anybody they want to.
The jury convicted petitioner on both counts. On appeal to the Supreme Court of Kentucky, petitioner pressed, among other claims, the argument concerning the prosecutor's use of peremptory challenges. Conceding that Swain v.
Alabama, supra, apparently foreclosed an equal protection claim based solely on the prosecutor's conduct in this case, petitioner urged the meet McAllen girls to follow decisions of other States, People v. Wheeler, 22 Cal. Soares, Mass.
Petitioner also contended that the facts showed that the prosecutor had engaged in a "pattern" of discriminatory challenges in this case and established an equal protection dating Cedar Rapids IA rican girls under Swain. The Supreme Court of Kentucky affirmed.
In a single paragraph, the court declined petitioner's invitation to adopt the reasoning of People v.
Wheeler, supra, and Commonwealth v. Soares, supra. The court observed that it recently had reaffirmed its reliance on Swain, and had held dating in Vista west midlands a defendant alleging lack of a fair cross section must demonstrate systematic exclusion of a group of jurors from the venire.
See Commonwealth v. McFerron, S. We granted certiorari, U. In Swain v. Alabama, this Court recognized that a "State's purposeful or deliberate denial to Negroes on of race Ocala women and dating participation as jurors in the administration of justice violates the Equal Protection Clause. This principle has been "consistently and repeatedly" reaffirmed, id.
That decision laid the foundation for the Court's unceasing efforts to eradicate racial discrimination in the procedures used to select the venire from which individual jurors are drawn. In Strauder, the Court explained that the central concern of the recently couple dates Arizona Fourteenth Amendment was to put an end to governmental discrimination on of race.
Exclusion of black citizens from service as jurors constitutes a primary example of the evil the Fourteenth Amendment was deed to cure.
In holding that racial discrimination in jury selection offends the Equal Protection Clause, the Court in Strauder recognized, however, that a defendant has no right to a "petit jury composed in whole or in part of persons of his own race. Akins v. Texas, U. Martin v. The Equal Free chat Chicago Illinois now Clause guarantees the defendant that the State will not exclude members of his race from the jury venire on of race, Meet girls Cape Coral, supra, U.
Delaware, 13 Otto, U. Purposeful racial discrimination in selection of the venire violates a defendant's right to equal protection because it denies him the protection that a trial by jury is intended to secure. Jury Comm'n of Greene County, U. The petit jury has occupied a central position in our system of justice by safeguarding a person accused of crime against the arbitrary exercise of power by prosecutor or judge.
Duncan v. Louisiana, U. Racial discrimination in selection of jurors harms not only the accused whose life or liberty they are summoned to try. Competence to serve as a juror ultimately depends on an assessment of individual qualifications and ability impartially to consider evidence presented at a trial. See Thiel v. Southern Pacific Co. A person's race simply "is unrelated to his fitness as a juror. As long ago as Strauder, therefore, the Court recognized that by denying a person participation in jury service on of his race, the State unconstitutionally discriminated against the excluded juror.
Jury Comm'n of Greene County, supra, U. Delaware, supra, U. The harm from discriminatory jury selection extends beyond that inflicted on the defendant and the excluded juror to touch black professionals dating San Diego entire community. Selection procedures that purposefully exclude black persons from juries undermine public confidence in mobile South Carolina dating fairness of our system of justice.
See Ballard v. United States, U. New York, U. Discrimination within the judicial system is most pernicious because it is "a stimulant to that race prejudice which is an impediment to securing to [black citizens] that equal justice which the law aims to secure to meet Phoenix Az friends others.
In Strauder, the Court invalidated a state statute that provided that only white men could serve as jurors.
Health disparities by race and ethnicity
We can be confident that no State now has foreign girls looking for Yonkers men a law. The Constitution requires, however, that we look beyond the face of the statute defining juror qualifications and also consider challenged selection practices to afford "protection against action of the State through its administrative officers in effecting the prohibited discrimination.
Alabama, supra, U. Thus, the Court has found a denial of equal protection where the procedures implementing a neutral statute operated to exclude persons from the venire on racial grounds, 10 and has made clear that the Constitution prohibits all forms of purposeful racial discrimination in selection of jurors.
Since the Fourteenth Amendment protects an accused throughout the proceedings bringing him to justice, Hill v. Georgia, U. New York, supra, U. Accordingly, the component of the jury selection process at issue here, the State's privilege to strike individual jurors through peremptory challenges, is subject to the commands of the Equal Protection Clause.
Robinson, F. United States v. Free speed dating Fort Worth TX, F. The principles announced in Strauder never have been questioned in any subsequent decision of this Court.
Rather, the Court has been called upon repeatedly to review the application of those principles to particular facts. Whitus v. Texas, supra, U. That question also was at the heart of the portion of Swain v. Alabama we reexamine today.