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• Title: Powers v. Ohio
• Author : Supreme Court of the United States
• Release Date : January 01, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

Description

[ 59 U.S.L.W. Page 402] Jury service is an exercise of responsible citizenship by all members of the community, including those who otherwise might
not have the opportunity to contribute to our civic life. Congress recognized this over a century ago in the Civil Rights
Act of 1875, which made it a criminal offense to exclude persons from jury service on account of their race. See 18 U. S.
C. § 243. In a trilogy of cases decided soon after enactment of this prohibition, our Court confirmed the validity of the
statute, as well as the broader constitutional imperative of race neutrality in jury selection. See Strauder v. West Virginia,
100 U.S. 303 (1880); Virginia v. Rives, 100 U.S. 313 (1880); Ex parte Virginia, 100 U.S. 339 (1880). In the many times we
have confronted the issue since those cases, we have not questioned the premise that racial discrimination in the qualification
or selection of jurors offends the dignity of persons and the integrity of the courts. Despite the clarity of these commands
to eliminate the taint of racial discrimination in the administration of justice, allegations of bias in the jury selection
process persist. In this case, petitioner alleges race discrimination in the prosecution's use of peremptory challenges. Invoking
the Equal Protection Clause and federal statutory law, and relying upon well-established principles of standing, we hold that
a criminal defendant may object to race-based exclusions of jurors effected through peremptory challenges whether or not the
defendant and the excluded jurors share the same race.

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