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Full-Text Articles in Law and Race

Race, Peremptories, And Capital Jury Deliberations, Samuel R. Gross Jan 2001

Race, Peremptories, And Capital Jury Deliberations, Samuel R. Gross

Articles

In Lonnie Weeks's capital murder trial in Virginia in 1993, the jury was instructed: If you find from the evidence that the Commonwealth has proved beyond a reasonable doubt, either of the two alternative aggravating factors], and as to that alternative you are unanimous, then you may fix the punishment of the defendant at death or if you believe from all the evidence that the death penalty is not justified, then you shall fix the punishment of the defendant at life imprisonment ... This instruction is plainly ambiguous, at least to a lay audience. Does it mean that if the …


Asymmetrical Peremptories Defended: A Reply, Richard D. Friedman Jan 1995

Asymmetrical Peremptories Defended: A Reply, Richard D. Friedman

Articles

Three years ago, with the publication of his article ''An Asymmetrical Approach to the Problem of Peremptories" in this journal, Professor Friedman initiated a debate on the subject that was taken up in 1994 by three prosecutors who offered a rebuttal that was also printed in these pages. Professor Friedman continues the debate.


Excuses, Excuses: Neutral Explanations Under Batson V. Kentucky, Michael J. Raphael, Edward J. Ungvarsky Oct 1993

Excuses, Excuses: Neutral Explanations Under Batson V. Kentucky, Michael J. Raphael, Edward J. Ungvarsky

University of Michigan Journal of Law Reform

The legal struggle for racial justice in the United States has always been in part a struggle to determine how best to achieve racial equality. In 1986, in Batson v. Kentucky, the United States Supreme Court attempted to curb racial discrimination in the use of peremptory challenges to strike potential members of a jury. The Court mandated procedures for determining whether a prosecutor had struck members of the venire because of their race. The procedures furnished in Batson are quite general, however, and lower courts have used a variety of standards in implementing them. This Article examines how lower …


Peremptory Challenges: Free Strikes No More, H. Patrick Furman Jan 1993

Peremptory Challenges: Free Strikes No More, H. Patrick Furman

Publications

No abstract provided.


An Asymmetrical Approach To The Problem Of Peremptories?, Richard D. Friedman Jan 1992

An Asymmetrical Approach To The Problem Of Peremptories?, Richard D. Friedman

Articles

The Supreme Court's decision in Batson v. Kentucky, and the extension of Batson to parties other than prosecutors, may be expected to put pressure on the institution of peremptory challenges. After a brief review of the history of peremptories, this article contends that peremptories for criminal defendants serve important values of our criminal justice system. It then argues that peremptories for prosecutors are not as important, and that it may no longer be worthwhile to maintain them in light of the administrative complexities inevitable in a system of peremptories consistent with Batson. The article concludes that the asymmetry of allowing …


Batson V. Kentucky: Curing The Disease But Killing The Patient, William T. Pizzi Jan 1987

Batson V. Kentucky: Curing The Disease But Killing The Patient, William T. Pizzi

Publications

No abstract provided.