About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

86 Geo. L.J. 945 (1997-1998)
Constitutionalizing Jury Selection in Criminal Cases: A Critical Evaluation

handle is hein.journals/glj86 and id is 965 raw text is: Constitutionalizing Jury Selection in Criminal Cases: A Critical Evaluation ANDREW D. LEIPOLD* TABLE OF CONTENTS INTRODUCTION .... ......................................... 946 I. THE FAIR CROSS-SECTION REQUIREMENT ...................... 949 A. THE INTELLECTUAL BASIS FOR THE FAIR CROSS-SECTION REQUIREMENT ....................................... 951 1. Judicial Creation ................................. 951 2. Constitutionalizing the Cross-Section Ideal ........... 956 B. DOES THE CROSS-SECTION DOCTRINE MAKE SENSE?............. 960 C. WHAT DOES THE CROSS-SECTION DOCTRINE ADD? ........... 966 1. Reaching More Groups ............................ 966 2. Relaxed Standards ................................ 972 II. CAGING BATSON ..................................... 975 A. EQUAL PROTECTION AND PROTECTED ACTIVITIES ............ 975 B. WHAT WOULD THE COURT DO? POSSIBLE DISTINCTIONS ....... 986 1. The Link Between Juror Viewpoint and Likely Vote is Closer than the Link Between Juror Race or Gender and Likely Vote ..................................... 988 2. Batson Was Intended to Attack the Specific Problem of Race Discrimination .............................. 990 3. The Harm Done by Viewpoint Discrimination is Less than the Harm Done by Gender-Based or Race-Based Strikes .......................................... 991 4. Viewpoint Strikes Are a Benefit Delayed, Not a Benefit Denied ......................................... 992 * Associate Professor, University of Illinois College of Law. My thanks to Wayne R. LaFave, James E. Pfander, Nancy J. King, and the members of the Duke University School of Law faculty who graciously shared their thoughts with me when I presented a draft of this article at a workshop. Special thanks to my research assistant Mi Kim for her invaluable help, and to Carrie May-Borich.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most