AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law for Jails, Prisons and
Detention Facilities
Procedural: Jury Selection
280:56 California
court rules that it is improper to strike gays and lesbians from a prospective
jury on the basis of their sexual orientation. People v. Garcia, No. 00
C.D.O.S. 851, 92 Cal. Rptr. 2d 339 (Cal. App. 2000).
274:155 Magistrate
judge acted improperly in proceeding to preside over jury selection in
prisoner's civil rights lawsuit when plaintiff did not consent and asked
for full federal judge to preside. Thomas v. Whitworth, #96-8482, 136 F.3d
756 (11th Cir. 1998).
U.S. Supreme
Court rules that peremptory challenges of potential jurors based on gender
violate the Equal Protection Clause of the Fourteenth Amendment. J.E.B.
v. Alabama Ex. Rel. T.B., 114 S.Ct. 1419 (1994).
217:11 Florida
constitution prohibits use of peremptory challenges on the basis of a potential
juror's Jewish ethnic background. Joseph v. Florida, 636 So.2d 777 (Fla.
App. 1994). » Editor's Note: See also Florida v. Alen, 616 So.2d
452 (Fla. 1993), in which the Florida Supreme Court ruled that prosecutors
could not use peremptory challenges to discriminate against Hispanics or
other ethnic groups which constitute a "cognizable class."
222:92 Appeals
court orders new trial in prisoner's federal civil rights suit when defendant
prison officials' stated reasons for striking a black woman from the jury
panel were found to be a "pretext" for racial discrimination.
Davidson v. Harris, 30 F.3d 963 (8th Cir. 1994).