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I never heard of this case but it just made it to the Supreme Court last week, 6 trials over 20 years and still going.The core issue is the continuing peremptory challenges by the prosecution to eliminate black jurors and when that crosses the line. Also of interest is that Clarence Thomas actually asked questions during oral arguments.
Quote:
WASHINGTON — Doug Evans, a white state prosecutor in Mississippi, has worked hard to keep black people off the juries that have heard his case against Curtis Flowers, who has been tried six times — yes, six times — for the 1996 murders of four people inside a furniture store in Winona, Miss.
Next month, the Supreme Court will consider whether Mr. Evans’s use of dozens of peremptory challenges — ones that do not require giving a reason — to exclude black prospective jurors violated the Constitution
WASHINGTON — For the first 55 minutes of a Supreme Court argument on Wednesday about racial discrimination in jury selection, the justices seemed united in their view that a white Mississippi prosecutor had violated the Constitution in his determined efforts to exclude black jurors from the six trials of Curtis Flowers, who was convicted of murdering four people in a furniture store.
I never heard of this case but it just made it to the Supreme Court last week, 6 trials over 20 years and still going.The core issue is the continuing peremptory challenges by the prosecution to eliminate black jurors and when that crosses the line. Also of interest is that Clarence Thomas actually asked questions during oral arguments.
The only question a judge should ask is "do you personally know anyone from either side or do you feel there is a reason you could not rule only based upon the law"?
The only question a judge should ask is "do you personally know anyone from either side or do you feel there is a reason you could not rule only based upon the law"?
That's it. The first on the list are the jurors.
True. But this is a good case for the SC, as jury selection can be complicated. A potential juror can be removed for many reasons, but if race is the core reason (quite hard to ascertain) then it should be addressed. It also happens with white jurors being removed for sure, but the left doesnt care about that of course. The left's favorite go to of simplistic "disparate impact" may even get challenged by proxy here, one hopes.
True. But this is a good case for the SC, as jury selection can be complicated. A potential juror can be removed for many reasons, but if race is the core reason (quite hard to ascertain) then it should be addressed. It also happens with white jurors being removed for sure, but the left doesnt care about that of course. The left's favorite go to of simplistic "disparate impact" may even get challenged by proxy here, one hopes.
I agree. My position is it should not be complicated. You have a right to a fair trail by a jury of your peers. Not a jury that looks and believes a certain way.
a lawyer, either for the defense or the plaintiff, can use any reason to reject a juror. and if they do it right, race doesnt even come into the equation, except through perception. its only when lawyers do something stupid like say they try to keep certain people off the jury.
The issue in this case is how did a man that was tried 6 times in a city with a 50/50 black white mix, have 0 black jurors on several trials. There seems to be way more than “happen to know the defendant” type stuff. The
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