home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
TIME: Almanac 1993
/
TIME Almanac 1993.iso
/
time
/
062992
/
0629996.000
< prev
next >
Wrap
Text File
|
1992-09-24
|
2KB
|
46 lines
THE WEEK, Page 30NATIONA Bar to Peremptory Jury Challenges
The top court is divided by racial issues as the term winds
down
The acquittal by an all-white jury in Simi Valley, Calif., of
four police officers in the Rodney King case last April brought
national attention to the racial composition of juries. Last
week the Supreme Court held, by a 7-to-2 vote, that defendants
cannot exclude people from juries on the basis of their race.
The decision limits peremptory challenges, which have
traditionally allowed jurors to be excluded from serving without
any explanation. "Be it at the hands of the State or the
defense," wrote Justice Harry Blackmun for the majority, "if a
court allows jurors to be excluded because of group bias, it is
a willing participant in a scheme that could only undermine the
very foundation of our system of justice -- our citizens'
confidence in it."
The decision was closer than the vote would indicate.
Justice Clarence Thomas, who reluctantly concurred with the
majority, joined dissenter Justice Sandra Day O'Connor in
fearing that the decision would have an adverse effect on black
defendants who want to exclude white potential jurors to get
minority representation on their juries. "I am certain that
black criminal defendants will rue the day that this court
ventured down this road," wrote Thomas.
In a second decision, the court struck down by a 5-to-4
vote a Forsyth County, Ga., law that required demonstrators to
purchase a parade permit for a fee based on the anticipated cost
of police protection. The permit fee was imposed after a series
of costly civil rights marches. Said Blackmun, again writing for
the majority: "Speech cannot be financially burdened, any more
than it can be punished or banned, simply because it might
offend a hostile mob." Still to come before the end of the term:
14 decisions, involving such major issues as abortion, prayer
in the schools and cigarette-industry liability.