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Criminal Procedure Keyed to Dressler
Batson v. Kentucky
Citation:476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69.
The defendant was charged with a crime. When selecting a jury, the court permitted the parties to exercise peremptory challenges. The prosecutor used his peremptory challenges to strike all four black persons on the jury venire, and as a result, the jury was composed only of white people. The defendant argued that the Equal Protection Clause of the Fourteenth Amendment and the cross-section requirement was violated. The trial judge observed that the parties were entitled to use their peremptory challenges to “strike anybody they want to,” and that the cross-section requirement applies only to selection of the venire and not to selection of the jury itself
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