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NCJRS Abstract

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NCJ Number: 147986 Find in a Library
Journal: Journal of Criminal Law and Criminology  Volume:83  Issue:4  Dated:(Winter 1993)  Pages:920-943
Author(s): M A Gemskie
Date Published: 1993
Page Count: 24
Type: Issue Overview
Format: Article
Language: English
Country: United States of America
Annotation: This Note examines the use and limitations of peremptory challenges.
Abstract: In Georgia v. McCollum, the United States Supreme Court held that a criminal defendant may not exercise a peremptory challenge in a racially discriminatory manner. This Note argues that the Court reasonably protected the equal protection rights of the juror to a greater extent than it protected the defendant's statutory right to exercise unfettered peremptory challenges. The Note agrees with the Court's reasoning, specifically the analysis of whether a defendant really is and should be considered a state actor; whether the state has standing to challenge a defendant's use of peremptory challenges; and whether a juror's constitutional right to equal protection should outweigh a defendant's statutory right to exercise peremptory challenges. Furthermore, this Note analyzes the implications of Georgia v. McCollum on future uses of peremptory challenges, particularly when a minority defendant challenges a nonminority juror. Footnotes
Main Term(s): Criminal law
Index Term(s): Courts
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