Authors

Nancy J. King

Document Type

Article

Publication Title

American Criminal Law Review

Publication Date

1994

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.

Included in

Law and Race Commons

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