Constitutional law - peremptory challenges - Third Circuit holds that peremptory challenges based on foreign language ability do not violate the Equal Protection Clause

Article Abstract:

The Third Circuit overlooked the connection between language and ethnicity in ruling in Pemberthy v. Beyer that peremptory challenges based on foreign language ability do not infringe upon the Equal Protection Clause. Such language-based peremptory challenges should receive strict scrutiny because of the potential for discrimination against language minorities. Furthermore, less restrictive methods could have been employed to meet the state's compelling interest in a fair and impartial jury. Spanish-speaking jurors were struck in a case in which the evidence involved translation of telephone conversations from Spanish to English.

Spanish language in the United States, Spanish language

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Constitutional law - equal protection - Seventh Circuit denies a criminal defendant's objection to his counsel's race-based peremptory challenge

Article Abstract:

The Fifth Circuit's decision in 'United States v. Boyd' undermines the Supreme Court's guidelines on racially discriminatory peremptory challenges, set out in 'Batson v. Kentucky' and 'Georgia v. McCollum.' In 'Boyd,' the court decided than a defendant may only challenge his own attorney's discriminatory peremptory challenge by showing it amounted to ineffective assistance of counsel. Instead, the court should have established a 'presumed prejudice' standard to comport with the 'Strickland' requirements.

Interpretation and construction, Constitutional law, Constitutional interpretation, Criminal law

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Beyond Batson: eliminating gender-based peremptory challenges

Article Abstract:

The analysis in Batson v Kentucky, which prohibited peremptory challenges based on race, should be extended to also prohibit gender-based peremptories. Although in other respects their experiences of discrimination have been distinct, both blacks and women have historically been excluded from jury service as part of a more general denial of full citizenship rights. Peremptories based on gender, as well as race, violate the excluded jurors' rights to equal protection.

Laws, regulations and rules, Sex discrimination, Jury selection, Discrimination in justice administration, Justice discrimination

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