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