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NCJ Number: 121035 Find in a Library
Title: Defendant's Discriminatory Use of the Peremptory Challenge After Batson v. Kentucky (From Criminal Law Review - 1989, P 349-369, 1989, James G. Carr, ed. -- See NCJ-121027)
Author(s): J J Hoeffner
Date Published: 1989
Page Count: 21
Sponsoring Agency: Clark Boardman Company, Ltd
New York, NY 10014
Sale Source: Clark Boardman Company, Ltd
435 Hudson Street
New York, NY 10014
United States of America
Type: Legislation/Policy Analysis
Language: English
Country: United States of America
Annotation: Observing that there is no constitutional right to the use of the peremptory challenge in jury selection, this article examines the analysis used in Batson v. Kentucky to find that a prosecutor violated the Equal Protection Clause of the fourteenth amendment in a discriminatory use of the peremptory challenge and discusses the applicability of that argument to the discriminatory use of the peremptive challenge by the defendant.
Abstract: The requirement of the fourteenth amendment that the denial of equal protection be a product of State action appears to limit the applicability of the Batson rationale to defendants, and the sixth amendment requirement that the accused has a right to trial by an impartial jury cannot be employed to attack the defendant's discriminatory use of the peremptive challenge. A public policy argument can be made in support of limiting the State's and the defendant's use of discriminatory peremptive challenges, for they reflect divisive stereotyping and destroy the social cohesiveness of the jury. Therefore, the article argues that the problem of discriminatory peremptive challenges should be remedied by legislation. 80 footnotes.
Main Term(s): Peremptory challenges
Index Term(s): Jury selection; Jury selection challenges; Right to trial by jury; Rights of the accused; Voir dire
Note: Reprinted from St. John's Law Review, V 62 (1987), P 46-66
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