NCJ Number
17725
Journal
Saint Louis University Law Journal Volume: 18 Issue: 4 Dated: (SUMMER 1974) Pages: 662-683
Date Published
1974
Length
22 pages
Annotation
IN SWAIN V. ALABAMA (1965), THE SUPREME COURT RULED THAT A STATE'S SYSTEMATIC PEREMPTORY STRIKING OF BLACKS IN THE SELECTION OF PETIT JURIES 'MAY' RAISE A PRIMA FACIE CASE OF DISCRIMINATION IF DEFENDANT CAN CARRY BURDEN OF PROOF.
Abstract
THE COURT ALSO HELD THAT THE PEREMPTORY STRIKING OF BLACKS IN A PARTICULAR CASE DOES NOT DENY EQUAL PROTECTION OF THE LAWS, THE RATIONALE BEHIND THIS RULING IS DISCUSSED ALONG WITH A HISTORICAL ANALYSIS OF THE LITIGATION INVOLVING JURY SELECTION AND DISCRIMINATION. THE AUTHOR POINTS OUT THAT USING STATISTICAL PROBABILITY THEORY AS A MEANS TO MATHEMATICALLY DETERMINE THE LIKELIHOOD THAT CHANCE IS RESPONSIBLE FOR A GIVEN DISCREPANCY BETWEEN THE NUMBER OF BLACKS IN THE ELIGIBLE POPULATION AND THEIR REPRESENTATION ON JURY LISTS, VENIRES, OR PANELS IS THE ONLY POTENTIAL WAY FOR DEFENDANTS TO PROVE SYSTEMATIC EXCLUSION FROM JURIES. THIS COMMENT REPORTS ON THE RESULTS OF A FEASIBILITY STUDY OF THIS METHOD CONDUCTED BY THE AUTHOR IN ST. LOUIS COUNTY (MO). CONFIDENTIAL INTERVIEWS WERE HELD WITH EIGHT ST. LOUIS COUNTY CIRCUIT COURT JUDGES TO ASCERTAIN THEIR PERCEPTIONS AND ATTITUDES TOWARD DATA UNCOVERED BY THE ST. LOUIS POST-DISPATCH THAT THE BLACK POPULATION OF ST. LOUIS COUNTY WAS BEING DENIED REPRESENTATION ON PETIT JURIES MAINLY BECAUSE OF PROSECUTORIAL STRIKES. NOT ONE JUDGE CHALLENGED THE NEWSPAPER'S CONCLUSION THAT THE PROSECUTION STRUCK 73 PER CENT OF THE QUALIFIED BLACKS FROM JURY SERVICE. HOWEVER, NOT ONE JUDGE FELT THAT THE HIGH FREQUENCY OF PROSECUTORIAL STRIKES ALONE PROVES SYSTEMATIC EXCLUSION. THE AUTHOR SUGGESTS THAT THE 73 PER CENT FIGURE REPRESENTING THE PERCENTAGE OF QUALIFIED BLACKS PEREMPTORILY STRUCK BY THE PROSECUTION SHOULD BE STRONG EVIDENCE OF SYSTEMATIC EXCLUSION, ESPECIALLY SINCE THE EFFECT OF THE PROSECUTOR'S PRACTICE IS TO INSURE THE PERPETUATION OF ALL-WHITE JURIES.