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Research paper thumbnail of Illinois Courts Struggle to Evaluate Race-Neutral Explanations for Peremptory Challenges under Batson v. Kentucky, 22 J. Marshall L. Rev. 235 (1988)

The John Marshall Law Review, 1988

Just as the Equal Protection Clause forbids the states to exclude black persons from the venire o... more Just as the Equal Protection Clause forbids the states to exclude black persons from the venire on the assumption that blacks as a group are unqualified to serve as jurors. .. so it forbids the states to strike black veniremen on the assumption that they will be biased in a particular case simply because the defendant is black. Id. In Batson, the State used four peremptory challenges on black veniremen, with the result that an all-white jury served. Id.

Research paper thumbnail of Illinois Courts Struggle to Evaluate Race-Neutral Explanations for Peremptory Challenges under Batson v. Kentucky, 22 J. Marshall L. Rev. 235 (1988)

The John Marshall Law Review, 1988

Just as the Equal Protection Clause forbids the states to exclude black persons from the venire o... more Just as the Equal Protection Clause forbids the states to exclude black persons from the venire on the assumption that blacks as a group are unqualified to serve as jurors. .. so it forbids the states to strike black veniremen on the assumption that they will be biased in a particular case simply because the defendant is black. Id. In Batson, the State used four peremptory challenges on black veniremen, with the result that an all-white jury served. Id.

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