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NCJ Number: 156805 Find in a Library
Title: Gender-Based Juries?
Journal: Trial  Volume:31  Issue:8  Dated:(August 1995)  Pages:34-37
Author(s): E Chemerinsky
Date Published: 1995
Page Count: 4
Type: Survey
Format: Article
Language: English
Country: United States of America
Annotation: In J.E.B. v. Alabama ex rel. T.B., the U.S. Supreme Court ruled that the Constitution prohibits gender-based peremptory challenges to prospective jurors.
Abstract: The decision rested on the premise that the need to use gender in exercising peremptory challenges in less important than the need to eradicate the use of gender in selecting juries. However, research shows that men and women often differ in how they perceive events and how they reason; therefore, particularly in cases involving sexual harassment or rape, gender might make a great deal of difference in how a juror acts. Therefore, the real question is whether peremptory challenges based on gender are necessary to provide a fair trial in these cases. In the framework of equal protection law, gender-based peremptory challenges can be defended as substantially related to the important interest of having the fairest possible trials. 27 notes
Main Term(s): Courts
Index Term(s): Criminology; Gender issues; Peremptory challenges; US Supreme Court decisions
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