Current Precedent and Legal Challenges
Under the legal standard set forth by the United States Supreme Court in Batson v. Kentucky, the striking of a juror on account of race denies a defendant equal protection under the constitution. However the court held that a defendant is not entitled to a jury containing or lacking members of any particular race, and the striking of jurors for race-neutral reasons is permissible. This standard has been extended to civil trials in Edmonson v. Leesville Concrete Company and on the basis of gender in J.E.B. v. Alabama ex rel. T.B.
Read more about this topic: All-white Jury
Famous quotes containing the words current, precedent, legal and/or challenges:
“The English language may hold a more disagreeable combination of words than The doctor will see you now. I am willing to concede something to the phrase Have you anything to say before the current is turned on?”
—Robert Benchley (18891945)
“I have resolved on an enterprise that has no precedent and will have no imitator. I want to set before my fellow human beings a man in every way true to nature; and that man will be myself.”
—Jean-Jacques Rousseau (17121778)
“We should stop looking to law to provide the final answer.... Law cannot save us from ourselves.... We have to go out and try to accomplish our goals and resolve disagreements by doing what we think is right. That energy and resourcefulness, not millions of legal cubicles, is what was great about America. Let judgment and personal conviction be important again.”
—Philip K. Howard, U.S. lawyer. The Death of Common Sense: How Law Is Suffocating America, pp. 186-87, Random House (1994)
“The approval of the public is to be avoided like the plague. It is absolutely essential to keep the public from entering if one wishes to avoid confusion. I must add that the public must be kept panting in expectation at the gate by a system of challenges and provocations.”
—André Breton (18961966)