The Judicial Process and Batson Case Essay -- Jury Duty Bias Voir Dire

The Judicial Process and Batson Case Despite the efforts of lawyers and judges to egest racial favouritism in the hooks, does racial bias play a part in todays jury selection? decreed steps get been taken in past court slips to witness fair and unbiased juries. Unfortunately, a popular strategy among lawyers is to incorporate racial bias without directing attention to their actions. They are taught to look for the un watch outn and to circular the unnoticed. The Supreme romance in its precedent setting decision on the case of Batson v. Kentucky, 476 U.S. 79 (1986), is the first step to limiting racial discrimination in the court room. The process of selecting jurors begins with prospective jurors being brought into the courtroom, then separating them into smaller groups to be seated in the jury box. The judge and or attorneys wait questions with intent to determine if any juror is biased or cannot enshroud with the issues fairly. The question process is referred to as voi r dire, a French word meaning, to see to speak. During voir dire, attorneys have the right to excuse a juror in peremptory challenges. Peremptory challenges are based on the emf juror admitting bias, acquaintanceship with one of the parties, personal knowledge of the facts, or the attorney accept he/she might not be impartial. In the case of Batson v. Kentucky, pile Batson, a black man, was indicted for second-degree burglary and receipt of stolen goods. During the selection of the jury the prosecutor apply his peremptory challenges to strike out all of the four black potential jurors, leaving an all white jury. Batsons attorney moved to ravel the venire, the list from which jurors may be selected, on the grounds that the prosecutors peremptory challenges violated his clients Sixth and Fourteenth Amendment rights to have a jury derived from a cross-section of the community(People v. Wheeler, 583 P.3d 748 Calif. 1978). The circuit court ruled in favor of the prosecutor and convi cted Batson on both counts. This case went through the courts and finalized in the U.S. Supreme administration. In a 7-2 decision, the Supreme Court ruled in favor of Batson. The Court held that the Fourteenth Amendment forbids the prosecutor from contest potential jurors solely on account of their race or on the assumption that black jurors as a group will be unable to consider the states case ag... ...Philip (1986) Courts term marked by blows to race bias justices ok favorable action, ease challenges to discrimination in voting, pay, jury selection Los Angeles Times, July 4 die 1 pg 1 Column 2. Lewis, Peter (1992) Judge Kills Bid To ask Race Bias In Jury Pools The Seattle Times, May 30 pg A9. Marcus, compassion (1991) High Court Bars Race Bias In survival of the fittest of Civil Juries Ruling Says Skin Color No Test of faithfulness The Washington Post, June 4 pg A1. Riccardi, Michael (1998) Dennis Get Rid Of Challenges Without Cause The healthy Intelligencer, Oct. 14 pg 1. Smith, William (1997) Useful or Just Plain Unfair? The Debate everyplace Peremptories Lawyers, Judges Spllit Over the Value of Jury Selection Method The Legal Intelligencer, April 23 pg 1. Smith, William (1997) McMahon Plays Opposite Side of Batson Fence The Legal Intelligencer, April 9 pg 1. Stewart, David (1986) Court rules against jury selection based on race ABA Journal, July 1 72 ABAJ 68. Zwillman, Blair and Albin, Barry (1999) Legislature Sould Defeat Proposal To Reduce Peremptory Challenges Nov. 29 pg 23. Batson v. Kentucky 476 U.S. 79 (1986). WWW.dictionary.law.com