Ethnicity and the Jury System
Author(s) -
Ashton Wesley Welch
Publication year - 2001
Publication title -
ethnic studies review
Language(s) - English
Resource type - Journals
eISSN - 2576-2915
pISSN - 1555-1881
DOI - 10.1525/esr.2001.24.1.104
Subject(s) - jury , impartiality , ethnic group , disadvantaged , statutory law , law , political science , sociology
Discrimination in the jury system has been a matter of constitutional and ethical concern at least since the mid-nineteenth century. Ethnic and linguistic minorities have been disadvantaged by the use of the peremptory challenge, statutory requirements, and administrative practices which compromised the Sixth Amendment provision for a jury of one's peers with its implication for juror impartiality. Attacks on the discriminatory applications of those systems and practices resulted in reduction, as gradual as it was, of the exclusionary practices. Batson vs Kentucky made the Sixth Amendment guarantee more reachable for ethnic and linguistic minorities.
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