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Peremptory Challenge

  • The state of West Virginia had a law that only white men were able to serve on the jury
  • Strauder should have never been denied his rights
  • The fourteenth Amendment came into order in 1868
  • What took so long for the West Virginian Supreme Court to understand that Straud's rights were violated?

"Mind Mapping" Method

Harms Found

This challenge gives lawyers or a defendant a chance to object the proposed juror

  • The people apart of the jury had already entered with biased thoughts
  • This was a systematic discrimination
  • The Strauder case showed that the African American population were excluded from participating as jurors
  • The decision were going to be biased of course because there was only one race that had deep hatred towards black people
  • So many people were denied of having their own race apart of their jury.

History

  • What race has been the staple of the criminal justice system?
  • Did the Supreme Court allow this to become a reoccuring problem?
  • Isn't the selection of a jury supposed to be among your peers?

Marshall

Rehnquist

A continuance

People v. McDonald

Gamble V. State

  • Three black men were prosecuted for kidnapping and rape
  • At trial prosecution exercised sixteen of its peremptory challenges to remove all of the blacks in the pool of potential jurors
  • This was ruled as a violation of Batson because the prosecution could not come up with a nonracial reason
  • This says a lot about the older cases presented
  • This should have been under review
  • I disagreed with his logic because he believes that all races are burdened by the same laws
  • Everyone is supposed to be burdened by the same laws if each race was actually equal
  • Prosecutors continued to use the Peremptory challenge
  • There have been many of cases that fell within the violations of Batson
  • The prosecutor used all of his peremptory challenges to remove all of the black jurors
  • Gamble was sentenced to death by an all white jury
  • Although, the lawyer had nonracial reasons it still did not excuse the discrimination of the potential jurors
  • I agree with Marshall because he believes that discriminatory peremptory challenges are not fair.
  • It gives the prosecutor an easy way out instead of having a fair trial with peers of different races

Cause and Effect

Questions to ask

  • What is the proper way to dispose of the Peremptory Challenges?
  • Peremptory Challenges clearly had an effect on discrimination, how could this have been avoided?
  • Are the Peremptory Challenges another way of slavery?

Opinions play a huge part

  • States started using the excuse that only a few African Americans are intelligent, experienced, and moral enough
  • This is really sad because black people were oppressed so much
  • Education wasn't allowed among black people if a black person learned how to read it was in secrecy

Conclusion

  • Caucasian men has been the root to a lot of our habits in America.
  • The criminal justice system was adopted by the United States from the British.
  • African Americans never had a place in the criminal justice system only on the criminal side
  • I feel like Peremptory Challenges was another way of slavery or keeping black people oppressed
  • All of the cases that were in the earlier part of the presentation had a pattern that corrupted the nation even more
  • The challenges caused a wave of oppression amongst the blacks
  • It is also clear to see that each branch of government worked with each other
  • Prosecutors overused the racially discriminated peremptory
  • This was a heavily used argument because it always benefited the prosecutors
  • The Peremptory Challenge was used as a cheat code to oppress
  • The main focus is to let the accused have a speedy and public trial and only have an impartial jury where the crime took place
  • This Amendment doesn't protect the equality amongst the races in the jury
  • He was convicted of burglary
  • His pool included four blacks
  • The prosecutor used four of his six peremptory challenges to remove all four of the blacks
  • This was a spark that repetition was heavy in the criminal justice system

Reoccuring Patterns

  • Swain v. Alabama
  • Commonwealth v. Soares
  • McCray v. New York

Commonwealth v. Soares

Swain v. Alabama

  • I agree with Chief Warren to a certain extent because he felt like defense and prosecutorial peremptory challenges were constitutionally required
  • There should be an equal amount of people by race
  • Everyone who has not committed a crime should be allowed to participate
  • Racial discrimination has a role to play within the government
  • This stems from the Executive, Legislative, and Judicial branches
  • They all have a role to play
  • Thirteen black ,em were in a pool of jurors
  • The Peremptory challenge took twelve black people out
  • The only black person was a foreman of the judge and voted to convict the accused
  • Swain was sentenced to death
  • A small number of black people were eligible for grand and petit juries
  • There wasn't an equal amount of black people
  • There were four or five on the grand jury, however, only two served
  • This is a repeating pattern

McCray v. New York

  • During his first trial McCray was unable to reach a verdict
  • There were three black people on the jury that voted for his acquittal.
  • During the second trial all seven black people were excluded

Batson v. Kentucky

Sixth Amendment

Batson Decision

Batson Decision Pt.2

Chief Justice Warren E. Burger

Deep Roots

Biased

Strauder v. Virginia

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