Document Type
Article
Publication Title
American Criminal Law Review
Publication Date
1994
ISSN
0164-0364
Page Number
1177
Keywords
jury selection, discrimination in criminal justice
Disciplines
Law | Law and Race
Abstract
In "Powers v. Ohio," the Court held that a peremptory challenge based on race violates the equal protection right of the challenged veniremember not to have her opportunities for jury service determined by her skin color. Powers and its progeny have placed defendants in the secondary role of enforcers of jurors' equal protection rights, granting defendants relief whenever jurors' rights are violated. This shift away from litigant rights to juror rights solved some doctrinal problems but created others. One of these problems is the subject of this essay-the task of judging when, if ever, the Constitution permits racial preferences in jury selection.
Recommended Citation
Nancy J. King,
The Effects of Race-Conscious Jury Selection on Public Confidence in the Fairness of Jury Proceedings: An Empirical Puzzle, 31 American Criminal Law Review. 1177
(1994)
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/802