THE SIXTH AMENDMENT THE RIGHT TO A JURY TRIAL第六修正案对陪审团审判的权利.ppt

Ask the students: What reasons should a prospective juror be excused from a jury? * See MCR 2.511(D). * See MCR 2.511(D). * See MCR 2.511(D). * When a party uses a peremptory challenge, the reason for the prospective juror is not stated in court. A party does not need the Court’s permission to use a peremptory challenge. Ask the students. Is the peremptory challenge constitutional? No. It is based on common law and tradition. See Batson v Kentucky, 476 US 79, 91 (1986); See also Swain v Alabama, 380 US 202, 218-219 (1965). * * No. * No. When were African American men allowed to serve as jurors? Late 1800’s. See Strauder v West Virginia, 10 Otto 303, 308, 100 US 303, 25 L Ed 664 (1880) * Strauder v West Virginia, 10 Otto 303, 308, 100 US 303, 25 L Ed 664 (1880) * No. * ASK THE STUDENTS. Can a peremptory challenge be used to remove all men from a jury? No. JEB v Alabama ex rel TB, 511 US 127, 114 S Ct 1419 (1994). In JEB, the father was sued by the State on behalf of the minor child regarding paternity and child support. At the trial, the State used 9 out of its 10 peremptory challenges to remove male jurors. The trial court empanelled an all-female jury. * Yes. See Hernandez v New York, 500 US 352 (1991). * Defendant Michael Swearing is an 18 year old Caucasian male who is charged with Vehicular Manslaughter, Driving While License Suspended, and Minor in Possession. Michael was driving his parents’ vehicle, a 2002 Astro Van, with his sister, Riley, in the third row of seats and his girlfriend in the front passenger seat. Underneath the driver’s seat was a pint of Jack Daniels. The seal on the bottle was broken and approximately ? of the bottle was gone. Michael drove on I-475 in a construction area, he was texting a friend about a party that was going to be held later in the evening. It was approximately 4:30 p.m. on a Friday. A car was coming onto the highway and failed to yield. Michael swerved to avoid the car and enter