Nowhere is the practice of equality as important as in the United
States court of law. Indeed, constitutional principles should be upheld in
order to maintain public trust in the criminal justice system. The most
prominent demonstration of constitutional actions then begins with jury
selection. Certain principles govern the selection of both petit and grand
juries, especially in cases where representatives of minority groups are
concerned. The policy of discrimination against these groups has socially
and legally been abolished. Yet in many cases it is still evident that
such policies are upheld. The cases of Batson v. Kentucky (1986) and
Castaneda v. Partida (1977) are considered as examples of discriminatory
practices relating to jury selection.
This 1986 case concerns Batson, a black man charged with second-
degree burglary and receipt of stolen goods. At the jury selection phase
the prosecutor used peremptory challenges to exclude all four of the black
persons on the jury venire. The petit jury selected was thus composed only
of white persons. Of course defense counsel moved to remove the jury on
the grounds that the defendant's rights under the Sixth and Fourteenth
Amendments, determining that all persons charged with crimes have the right
to a jury trial where the jury is a cross section of society, and where the
defendant has the right to equal protection.
Clearly none of these principles are adhered to in the selection of
the petit jury of this case. However, the interpretation of these
Amendments allowed the judge to deny defense counsel's motion to dismiss
the jury on the grounds of such violation. Indeed, the judge held that the
cross section law applies only the venire, and not to the final selected
jury. Furthermore the judge held that the prosecutor acted within his
rights, as peremptory challenges can be used to remove any jury member for
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