Principles of Jury Placement essays

Principles of Jury Placement essays 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 ...