Class Notes (839,313)
United States (325,920)
Boston College (3,572)
Law (20)
LAWS 2180 (18)
Lecture

American Constitutional and Legal History 19.docx

3 Pages
65 Views

Department
Law
Course Code
LAWS 2180
Professor
Alan Rogers

This preview shows page 1. Sign up to view the full 3 pages of the document.
Description
6 Amendment Jury Cases: Strouder v. West Virginia (1880): violation of equal protection because black people were not allowed to serve on juries by state law. The state law violated the equal protection clause of the 14 Amendment. Virginia v. Rives (1880): both involved:AfricanAmericans were convicted of murder trials by all-white juries. Rives: Habeas Corpus: permits the movement from a state court to a federal court (allows bill of rights to be applied to the case). Found guilty in a state court and Reynolds (the defendant) applied for a movement of the court to federal court, Rives allowed it. Question over the legitimacy of habeas corpus and whether it interferes with state criminal justice. Habeas Corpus was supported and the case went to the Supreme Court.Argued 1/3 of rd the jury should be composed of colored men because of demographic of Virginia. There was no law against allowing black people to be on the jury, it was the actions of a court clerk which is only punishable by the state (Virginia likes the system, wont do anything about it). Therefore, as long as it isn’t written down, it is going to happen. Gibson v. Mississippi (1896):All white jury again even though blacks outnumber white 7,000 v.s 1,500. Also, over course of 25 years noAfricanAmerican had ever been on the jury. Therefore they are being discriminatory duhh. The court says yeah you are right but you are on trial, just you, so unless you can prove that your trial in of itself is unfair, too bad. Patent v. Mississippi (1947): number of eligible black jurors is decreasing. However, tiny step towards racial equality. Avery v. Georgia (1953): Clerk discriminatorily chose jurors. Court says that the state must overcome the discriminatory practices, not the federal court. Turning Point!!!!: Smith v. Texas (1940): voting case: said that jury should be representative of the community. Now a precedent is set for future cases so that the court c
More Less
Unlock Document

Only page 1 are available for preview. Some parts have been intentionally blurred.

Unlock Document
You're Reading a Preview

Unlock to view full version

Unlock Document

Log In


OR

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


OR

By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.


Submit