TITLE

Criminal Procedure, Jury Discrimination & the Pre-Davis Intent Doctrine: The Seeds of a Weak Equal Protection Clause

AUTHOR(S)
Starkey, Brando Simeo
PUB. DATE
September 2010
SOURCE
American Journal of Criminal Law;Fall2010, Vol. 38 Issue 1, p1
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article discusses how the Intent Doctrine made known by the Washington v. Davis case circumvents the U.S. Fourteenth Amendment's Equal Protection Clause. With its seeds deposited after the Reconstruction Period, the Intent Doctrine allows hearing of a black defendant criminal case with an all-white jury as long as there are no discriminatory motives. The U.S. Supreme Court ruling in the Norris v. Alabama case uses the Neal's dicta that the continuous absence of African Americans in juries established intentional exclusion thereby, discriminatory.
ACCESSION #
60680311

 

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