POLS 4720 Lecture Notes - Lecture 16: Equal Protection Clause, William Rehnquist, Lewis F. Powell Jr.
19 Apr 2018
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While the court in swain, denied his claim, the court did apply the equal protection. Clause from the fourteenth amendment to the states. A (cid:862)state(cid:859)s purposeful or deliberate denial to negroes on account of race of participation as jurors in the administration of justice violated the equal protection. Batson, a black man, was indicted in kentucky on charges of second-degree burglary and receipt of stolen goods. The prosecutor struck all four black members of the venire (jury pool). Baton challenged that this was a violation of the sixth and. Fourteenth amendments as he was denied a fair cross section of the population for his jury. Defendant must make a prima facie showing that a strike was based on race. Prosecution must be offered the opportunity to provide a race neutral reason for the strike. The court must make a decision if the defense has shown purposeful discrimination. Justice powell based the majority opinion on the equal protection clause of the.
