Rights Held Hostage: Race, Ideology and the Peremptory Challenge
64 Harv. C.R.-C.L. L. Rev. 63 (1993)
56 Pages Posted: 18 Oct 2016
Date Written: 1993
This Article addresses the Supreme Court's application of the Equal Protection Clause to the selection of juries in criminal trials. Focusing on Black-white relations, it takes the position that efforts to eliminate racial discrimination in jury selection are successful only to the extent that they also eliminate the result of the discrimination- racial subjugation of Blacks through the criminal justice process. By this measure, the Supreme Court's recent jury selection cases are an abject failure.
Keywords: voir dire, jury selection, peremptory challenge, race, Equal Protection Clause, Fourteenth Amendment, Rodney King, Powers v. Ohio, Georgia v. McCollum, colorblindness
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