INTL3540 Lecture : 2nd Semester Constitutional History Notes 7.docx
11 Mar 2014
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Key men : pillars of the community, affluent white, educated. Not spelled out but it was common knowledge. Juries were homogenous: not as racial bias, not discriminatory, just homogenous of white affluent ppl. Fay is convicted: makes the argument that the jury is not truly representative of the community as it was outlined in smith v. texas (1940). Supreme court says we are not going there regardless of what black said. Key men jury is ok. impartial jury requirement is still fulfilled. Norris, smith, and fay are all the prerequisites for the following cases. Hoyt v. florida (1961: for women, the 19th amendment and the right to vote did not necessarily mean they could serve on juries. Even though it was that way for men. A woman killed her husband and convicted of 2nd degree murder. Jury is all men and appeals on the grounds that it wasn"t truly representative of the state and was therefore not impartial.
