Religion-based peremptory challenges after Batson v. Kentucky and J.E.B. v. Alabama: an equal protection and First Amendment analysis.

Michigan Law Review, October, 1995 by Barton, Benjamin Hoorn

The First Amendment and Equal Protection Clause analysis engaged in by the Supreme Court in Batson v. Kentucky and J.E.B. v. Alabama ex rel. T.E.B. should be extended to peremptory challenges based on religion. In Batson, race-based exclusion from jury service was found unconstitutional, and gander-based peremptory challenges were struck down in J.E.B. v. Alabama ex rel. T.B. Discrimination based on religious beliefs should be held to the same strict scrutiny test. Since these types of challenges are not narrowly tailored, they too must be found unconstitutional.

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During voir-dire(1) examination in a criminal trial, the prosecutor notices that a black venire person is wearing a cross. Without asking any further questions, the prosecutor uses one of her...

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