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Post stories of ongoing Discrimination here

_BP_

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Re: Post stories of ongoing Discrimination here
« Reply #30 on: June 15, 2005, 06:25:03 AM »
oh great, smu, what was your overall thesis?

smujd2007

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Re: Post stories of ongoing Discrimination here
« Reply #31 on: June 15, 2005, 09:15:12 AM »
If I can dig the cobwebs out of my brain from three years ago . . . .

The thesis was that race based peremptory challenges are a challenge to our judicial system, but within that broad statement, these were the three topics that I focused on.  First of all, peremptory challenges seem to exist in order to strike people from the jury for reasons that they don't have to tell. If you have to defend your peremptory challenges, then it kind of defeats the purpose. This results in dilution of the peremptory challenge, and some scholars say that at this rate, you might as well get rid of peremptory challenges because they are no longer being used for their intended purpose. In addition to Thomas Miller El, I also used examples of lower courts that held that striking on the basis of religion (Jews) and race (Italian American, Mexican American) were held to be unconstituional using the same reasoning as in the Thomas Miller -El case.

Secondly, the use of race based peremptory challenges is problematic for victims and their families because if you can appeal the jury selection, and the accused has been discriminated against in this context, then even though he may have committed the crime, he may still get to go free on a "technicality."  The case is never closed for the victims, and they cannot get closure with respect to the crime committed against them. I focused on the Miller El case here, because it was a local case and I was able to find lots of old newspaper articles on microfiche and online in the library because the case is out of Dallas.  I was able to get quotes from the victims family, the victim himself, his attorneys, and also data about how Dallas was discriminatory in jury selection with the infamous jury selection handbook.

Thirdly, I discussed how race based peremptory challenges further minorities distrust of the legal system. I discussed how minorities tend to dislike jury duty because it interferes with their jobs, and how they feel like they're wasting their time. Knowing this information would probably make them feel like they are still wasting their time. Furthermore, hearing stories like this one, where race based peremptory challenges were still allowed in the 80's makes it too clear that we still have a long way to go before racism is "dead."

That's it, my 22 page paper for my judicial process class summed up in three pages.   


oh great, smu, what was your overall thesis?

_BP_

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Re: Post stories of ongoing Discrimination here
« Reply #32 on: June 15, 2005, 09:47:29 AM »
Great SMU, sounds like you really did a good job on that paper. Thanks for summing it up for me too, I find this stuff very interesting.

smujd2007

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Re: Post stories of ongoing Discrimination here
« Reply #33 on: June 15, 2005, 09:52:40 AM »
No problem. I got an A on that paper, by the way.  ;)

Great SMU, sounds like you really did a good job on that paper. Thanks for summing it up for me too, I find this stuff very interesting.