NCJ Number
155390
Journal
Mississippi Law Journal Volume: 62 Issue: 1 Dated: (Spring 1992) Pages: 209-227
Date Published
1992
Length
19 pages
Annotation
In the 1991 decision in Edmonson v. Leesville Concrete Co., the United States Supreme Court held that a civil litigant's use of a peremptory challenge to exclude a prospective juror solely on the basis of race was an act of discrimination that violated the equal protection component of the Fifth Amendment's due process clause.
Abstract
This decision represented a positive step towards the elimination of racial discrimination in the Federal courts. Although the Court may use a shaky basis for its reasoning, the result will be positive changes in the Federal courts. Both the plaintiff and the defendant in a Federal civil case will now have a greater sense of assurance that racial discrimination will not be a factor in the jury selection process. By continuing to place limitations on the use of peremptory challenges, the Supreme Court appears to be heading toward an unfortunate eventual result: the total elimination of peremptory challenges. These challenges are an instrumental device in selecting fair and impartial juries. Another unresolved issue is whether the prohibition against the discriminatory use of peremptory challenges will now apply to criminal defendants. Footnotes