Gender, Race and Crime Final Exam (Ch. 6-10) UPDATED ACTUAL QUESTIONS
AND CORRECT ANSWERS
adjudication
Amadeo v. Zant (1988) the USSC reversed a death sentence murder conviction because the district
attorney asked the jury commissioner to limit the number of African-Americans
and women on the master list from which potential jurors were chosen
, Avery v. Georgia (1953) the USSC ruled a Georgia county's practice of putting the names of white
potential jurors on white cards and African American potential jurors on yellow
cards, then "randomly" drawing cards to determine who would be summoned for
jury duty, as unconstitutional
Batson v. Kentucky (1986) -race or gender must not be a deciding factor in jury selection
-less stringent test for defense
-need only to present evidence that removal of African Americans from a
particular jury was discriminatory
challenge for cause
jury nullification juror believes defendant guilty, but acquits on principle
jury pool many over-represent white middle- & upper-class and under-represent racial
minorities who are poor
Neal v. Delaware (1881) -Delaware required "moral" or "intelligent" taxpayers
-argued African Americans were "...utterly unqualified by want of intelligence,
experience, or moral integrity to sit on juries."
-overruled by Supreme Court
peremptory challenge a defendant's or lawyer's objection to a proposed juror, made without needing to
give a reason (used to exclude racial minorities)
Purkett v. Elem (1995) the USSC held that, in assessing the racial neutrality of a prosecutors peremptory
challenge, the trial court was required to evaluate the genuineness of the
prosecutors exclamation, not its reasonableness
"race card" most uses have been against minority defendants & resulted in convictions
race-neutral justification prosecutors innovated into using these to remove potential jurors (religious
background or educational background, unemployed, works or lives in the same
neighborhood as the accused, had "shifty eyes" or an unpleasant demeanor)
Strauder v. West Virginia (1880) -ruled that limiting juries to white males violates Fourteenth Amendment
-caused many states to attempt to maintain de facto all-white juries by other
means
-Delaware required "moral" or "intelligent" taxpayers
Swain v. Alabama (1965) -black teenager accused and convicted of raping a white teenager
-prosecution used peremptory challenges to remove six prospective black jurors
U.S. v. Ovalle (1998) a US Court of Appeals held that a plan to subtract the names of white prospective
jurors until the proportion of racial minorities in the pool matches the proportion
in the population violated the equal protection rights of white jurors
Voir dire
AND CORRECT ANSWERS
adjudication
Amadeo v. Zant (1988) the USSC reversed a death sentence murder conviction because the district
attorney asked the jury commissioner to limit the number of African-Americans
and women on the master list from which potential jurors were chosen
, Avery v. Georgia (1953) the USSC ruled a Georgia county's practice of putting the names of white
potential jurors on white cards and African American potential jurors on yellow
cards, then "randomly" drawing cards to determine who would be summoned for
jury duty, as unconstitutional
Batson v. Kentucky (1986) -race or gender must not be a deciding factor in jury selection
-less stringent test for defense
-need only to present evidence that removal of African Americans from a
particular jury was discriminatory
challenge for cause
jury nullification juror believes defendant guilty, but acquits on principle
jury pool many over-represent white middle- & upper-class and under-represent racial
minorities who are poor
Neal v. Delaware (1881) -Delaware required "moral" or "intelligent" taxpayers
-argued African Americans were "...utterly unqualified by want of intelligence,
experience, or moral integrity to sit on juries."
-overruled by Supreme Court
peremptory challenge a defendant's or lawyer's objection to a proposed juror, made without needing to
give a reason (used to exclude racial minorities)
Purkett v. Elem (1995) the USSC held that, in assessing the racial neutrality of a prosecutors peremptory
challenge, the trial court was required to evaluate the genuineness of the
prosecutors exclamation, not its reasonableness
"race card" most uses have been against minority defendants & resulted in convictions
race-neutral justification prosecutors innovated into using these to remove potential jurors (religious
background or educational background, unemployed, works or lives in the same
neighborhood as the accused, had "shifty eyes" or an unpleasant demeanor)
Strauder v. West Virginia (1880) -ruled that limiting juries to white males violates Fourteenth Amendment
-caused many states to attempt to maintain de facto all-white juries by other
means
-Delaware required "moral" or "intelligent" taxpayers
Swain v. Alabama (1965) -black teenager accused and convicted of raping a white teenager
-prosecution used peremptory challenges to remove six prospective black jurors
U.S. v. Ovalle (1998) a US Court of Appeals held that a plan to subtract the names of white prospective
jurors until the proportion of racial minorities in the pool matches the proportion
in the population violated the equal protection rights of white jurors
Voir dire
