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- Title
Exclusion of Negroes From Jury -- Sufficiency of Evidence to Establish Discrimination.
- Authors
Booth, Betty
- Abstract
The article focuses on a court case. In 1875 the U.S. Congress enacted a statute in compliance with the 14th Amendment, providing that "no citizen . . . shall be disqualified for service as grand or petit juror in any court of the U.S., or of any State, on account of race, color, or previous condition of servitude. Since this enactment it has become well settled that discrimination against negroes in the selection of jurors is ground for reversal of the conviction of a negro. What constitutes discrimination within the meaning of this statute depends, of course, upon the interpretation placed thereon by the U.S. Supreme Court. Moreover since the decisions of that tribunal are binding upon the state courts and the accused can always obtain relief in the federal court he may petition the Supreme Court for certiorari, and even if refused could probably obtain relief in the lower federal court by habeas corpus it would seem that the degree of impartiality required by the Supreme Court would constitute the minimum to which the states must accede. The Supreme Court has enunciated the general principle that when systematic exclusion of negroes from jury service is established, unconstitutional discrimination is shown.
- Subjects
UNITED States; TRIALS (Law); AFRICAN Americans; CIVIL rights; CRIMINAL procedure; ACTIONS &; defenses (Law)
- Publication
Journal of Criminal Law & Criminology (08852731), 1939, Vol 30, p264
- ISSN
0885-2731
- Publication type
Article