AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law for Jails, Prisons and Detention Facilities
Back to list of subjects Back to Legal Publications Menu
Procedural: Jury Selection
court rules that it is improper to strike gays and lesbians from a prospective
jury on the basis of their sexual orientation. People v. Garcia, No. 00
C.D.O.S. 851, 92 Cal. Rptr. 2d 339 (Cal. App. 2000).
274:155 Magistrate judge acted improperly in proceeding to preside over jury selection in prisoner's civil rights lawsuit when plaintiff did not consent and asked for full federal judge to preside. Thomas v. Whitworth, #96-8482, 136 F.3d 756 (11th Cir. 1998).
U.S. Supreme Court rules that peremptory challenges of potential jurors based on gender violate the Equal Protection Clause of the Fourteenth Amendment. J.E.B. v. Alabama Ex. Rel. T.B., 114 S.Ct. 1419 (1994).
217:11 Florida constitution prohibits use of peremptory challenges on the basis of a potential juror's Jewish ethnic background. Joseph v. Florida, 636 So.2d 777 (Fla. App. 1994). » Editor's Note: See also Florida v. Alen, 616 So.2d 452 (Fla. 1993), in which the Florida Supreme Court ruled that prosecutors could not use peremptory challenges to discriminate against Hispanics or other ethnic groups which constitute a "cognizable class."
222:92 Appeals court orders new trial in prisoner's federal civil rights suit when defendant prison officials' stated reasons for striking a black woman from the jury panel were found to be a "pretext" for racial discrimination. Davidson v. Harris, 30 F.3d 963 (8th Cir. 1994).
Back to list of subjects Back
to Legal Publications Menu