Supreme Court continues to raise the bar

[ACPlayer]

... on the death penalty.

Strikes down Texas (big surprise!!!) case.

[Broken Glass Can]

We need some conservative nominees to balance this liberal court.

[ACPlayer]

THis was apparently a very conservative decision. Due process still is in the consitution.

Perhaps the three other judges should heed the proposed Senate apologies on lynchings.

[Broken Glass Can]

The State of Texas is 11.5% black.

The jury was 8.33% black.


Yet they suggest that the jury was unfair. You don't have a right to be judged by your preferred selected subgroup of society.

The Supreme Court made a bad decision.

[MtSmalls]

It is not the percentages of black and white in the state or on the jury. It is the process by which that jury was arrived at. It seems pretty clear that the prosecutors not only struck blacks from the jury pool based on race, but 'shuffled' the jury pool as well. This is another of those quaint technicalities of due process.

[Broken Glass Can]

[ QUOTE ]
It is not the percentages of black and white in the state or on the jury. It is the process by which that jury was arrived at. It seems pretty clear that the prosecutors not only struck blacks from the jury pool based on race, but 'shuffled' the jury pool as well. This is another of those quaint technicalities of due process.

[/ QUOTE ]

This suggestion of prosecutorial conduct is not clear at all. In our system it is legitimate to exclude people who are knee-jerk against the death penalty in death penalty cases. The prosecution can't be faulted for potential jurors who exclude themselves.

[fimbulwinter]

as some who opposes abortion and the death penalty, the supreme court is looking good. they may even reach the right answer in my lifetime. wow.

fim

[adios]

Link to Text of Opinions

This is orthogonal to the decision rendered but just so I have this right: A prosecuter would utilize racial discrimination to block jurors because black jurors are less likely to convict black defendents and more likely to convict white defendends while white jurors are more likely to convict black defendents and white jurors are less likely to convict white defendents. Is there any evidence that:

a) this is why prosecuters would practice racial discrimination in selecting jurors.

b) that this notion is based in fact.

Why would a prosecuter practice racial discrimination in selecting jury members?

[ACPlayer]

Because prosecutors are political animals, often with higher ambition and will try to do everything to get a win.