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NCJ Number: 157602 Find in a Library
Title: Lady Justice May Be Blind, But Is She a Soul Sister? Race- Neutrality and the Ideal of Representative Juries
Journal: New York University Law Review  Volume:69  Issue:2  Dated:(May 1994)  Pages:327-386
Author(s): T E Coke
Date Published: 1994
Page Count: 60
Type: Survey
Format: Article
Language: English
Country: United States of America
Annotation: In 1990, the U.S. Supreme Court ruled that the text of the Sixth Amendment, requiring an impartial jury in criminal trials, requires only that the pool of eligible jurors constitute a fair cross-section of the community, but there is no constitutional requirement that the actual jury hearing a case reproduce an area's racial composition or include any jurors of the same sex or race as the defendant.
Abstract: This article reviews the Court's thinking in this area, particularly its recent focus on the constitutional right of jurors to be free from discriminatory exclusion. The author argues that a juror-based, rather than a defendant-based, theory of equal protection will make it more difficult for defense attorneys to select a mixed-race jury. The article argues that racially diverse juries are essential to protecting the interests of defendants, the public, and the court system, and to securing fair and impartial verdicts. The article suggests alternative methods of ensuring minority participation on juries, and argues that the concept of affirmative selection would eliminate most of the inequities inherent in the current peremptory system and would allow groups traditionally excluded from jury service to participate in criminal trials. 304 notes
Main Term(s): Courts
Index Term(s): Jury selection; Peremptory challenges; Right to trial by jury; US Supreme Court decisions
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