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Prosecuter Excused The Only 2 African Americans In The Jury There For An All White Jury Is At Hand?

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Prosecuter Excused The Only 2 African Americans In The Jury There For An All White Jury Is At Hand?

Postby Rich » Wed Oct 11, 2017 8:26 am

Case Study

Fact Pattern: Defendant Woodson is an African-American male accused of murdering a white female in an apartment burglary. During the jury selection process, Prosecutor Forbes exercises only two peremptory challenges, excusing from service the only two African-Americans in the jury. An all-white jury is eventually empanelled, and Defendant Woodson is convicted of first-degree murder, with life imprisonment imposed as punishment.


After the jury verdict is announced, Prosecutor Forbes is questioned by the local media concerning his exercise of the peremptory challenges. Prosecutor Forbes explains that race was not a factor in his decision, but that the two potential jurors were excused ?because they have facial hair, and as a matter of practice, I do not want individuals with facial hair serving on my jury.? Further, Prosecutor Forbes states ?I categorically deny that race played any factor whatsoever in the jury selection process.?

On appeal, should the appellate court:

1) deem Prosecutor Forbes? actions reversible error, and remand the case to the trial court level to be retried;

2) vacate (nullify) the jury verdict, and dismiss the charges against Defendant Woodson; or

3) allow the conviction to stand?

Should prosecutors be allowed to consider race as a factor in the jury selection process? Gender? Age?

Issue:

Rule:

Analysis:

Conclusions:
Rich
 
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Joined: Tue Apr 08, 2014 11:36 am

Prosecuter Excused The Only 2 African Americans In The Jury There For An All White Jury Is At Hand?

Postby Laughlin » Wed Oct 11, 2017 8:31 am

Prosecution OR defense peremptory challenges cannot be challenged.
That is essentially the meaning of the word, they do not have to be explained.

Race, gender, age, religion, facial hair, or any other reason (or none at all) can be used for peremptory challenges.

Unless there is evidence that the loss of the black jurors specifically cause a miscarriage, the verdict stands.
Laughlin
 
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Prosecuter Excused The Only 2 African Americans In The Jury There For An All White Jury Is At Hand?

Postby Aescford » Wed Oct 11, 2017 8:36 am

Issue: Can you skate by?

Rule: Possibly.

Analysis: You want to.

Conclusion: Do your own work.
Aescford
 
Posts: 57
Joined: Fri Feb 28, 2014 12:26 am

Prosecuter Excused The Only 2 African Americans In The Jury There For An All White Jury Is At Hand?

Postby Tom » Wed Oct 11, 2017 9:10 am

Your going to try and defend an illegal immoral criminal child rapist??? The dude was 25 and messing around with a 15 year old.. That's wrong no matter how you look at it. Your really scraping the bottom of that barrel.... Aren't you? The fight was over. He could have gone home with his *** whoopin and called it a night. He instigated the second fight and wound up with another *** whoopin.. Whos fault is that? THE IDIOT THAT DIDN'T GO HOME... "Brian Scully, 18, asked the girl, ?Isn?t it a little late for you to be out?? That enraged Ramirez, who began yelling in Spanish and dialed friends on his cell phone. Scully admitted shouting ethnic slurs. The verbal sparring soon turned into a physical altercation as Ramirez and Piekarsky traded blows, though prosecutors and defense attorneys disputed who threw the first punch." Right there says it all.. He started yelling in spanish.. Whats wrong?? Cant Yell in English.. Maybe a bit more comprende on his part would have saved his life, ey?
Tom
 
Posts: 53
Joined: Sat Apr 19, 2014 5:26 pm


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