Article

Ending Race Discrimination in Jury Selection: Whose Right Is It, Anyway?

Author / Creator
Underwood, Barbara D.
Part of
Columbia law review, 1992, Vol.92 (4), p.725-774
DOI
10.2307/1122969
Summary
  • Recent cases following Batson v Kentucky have advanced the jurisprudence of race discrimination in jury selection by focusing on the rights of the excluded jurors rather than on rights of the criminal defendant. Standing was granted to assert the rights of excluded jurors to civil litigants in Edmonson v Leesville Concrete Co and to criminal defendants of any race in Powers v Ohio; standing should also be granted to prosecutors. This does not mean that peremptory challenges should be eliminated, as they still perform a valuable function in protecting against juror bias.

Date
1992-05-01
Publication
Columbia law review
Volume
92
Issue
4
Pages
725-774
Peer-reviewed
Yes (Scholarly)
Language
English
Publisher
Columbia University School of Law
ISSN
0010-1958
EISSN
1945-2268
DOI
10.2307/1122969

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Subjects

  • Cases
  • Criminals
  • Defendants
  • Discrimination
  • Discrimination in justice administration
  • Due process of law
  • Equal protection
  • Juries
  • Jurisprudence
  • Jurors
  • Jury
  • Jury selection
  • Jury system
  • Law
  • Litigants
  • Peremptory challenge
  • Prejudice, Racial
  • Prosecuting attorneys
  • Race discrimination
  • Racial discrimination
  • Racism
  • United States
  • Voir dire