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In Swain v. Alabama , the U.S. Supreme Court holds that prosecutors cannot use peremptory challenges to exclude jurors of a particular race (as it had ruled earlier about ethnic groups). The Court sets rules for proving that jurors have been stricken because of their race.
General. If you've had a criminal conviction it may mean that you are not allowed to serve on a jury. Not all convictions count, but periods of imprisonment, a suspended sentence of imprisonment or probation can exclude you.
Reasoning: (Powell, J.): In a 7?2 decision, the Court held that, while a defendant is not entitled to have a jury completely or partially composed of people of his own race, the state is not permitted to use its peremptory challenges to automatically exclude potential members of the jury because of their race.
In a 6?3 decision, the Court reversed the decision against Ramos and ruled that the unanimity of a jury vote for conviction mandated by the Sixth Amendment for serious crimes must also be an incorporated right against the states, overturning Apodaca v. Oregon.
Since the majority of cases involve the review of a decision of some other court, there is no jury and no witnesses are heard. For each case, the Court has before it a record of prior proceedings and printed briefs containing the arguments of eachside.
Step-by-Step Instructions for Excusal from Jury Service Medical requests must be accompanied by a doctor's note that details your condition. Employment deferments must be accompanied by a letter from your supervisor. If you have moved out of state, you must submit a copy of your new driver's license for that state.
Sexual offenders; prohibitions from school zones. (a) Any person who is a sexual offender and who: (1) Resides on or within 500 feet of the property of any school shall be guilty of a class G felony.
The Court noted that use of Equal Protection in Batson to combat racially discriminatory strikes against jurors was well established and that subsequent decisions had extended these protections in other contexts. The Court held that "these principles are equally applicable to race-based challenges to judges."