Racism, Peremptory Challenges, and the Democratic Jury: The Jurisprudence of a Delicate Balance

• NCJ Number: 113873
• Journal: Journal of Criminal Law and Criminology Volume: 79 Issue: 1 Dated: (Spring 1988) Pages: 1-65
• Author(s): B J Serr; M Maney
• Date Published: 1988
• Length: 66 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Description
• Language: English
• Country: United States of America

Annotation

The U.S. Supreme Court has failed in its attempt to eliminate discriminatory jury selection while simultaneously preserving the common law peremptory challange.

Abstract

Its most recent effort to create a color-blind jury selection system occurred in Batson v. Kentucky. Two goals of jury selection, the need to ensure a representative jury and the preservation of the peremptory challenge, are discussed. Citing numerous Supreme Court decisions, the author argues that those best able to balance the competing interests of the democratic jury, equal protection, and the peremptory challenge are trial judges. The article recommends a specific procedure of dual inquiry for trial judges to use to ensure fairness in the selection of a jury. 327 footnotes.