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- <text id=92TT1479>
- <title>
- June 29, 1992: A Bar to Peremptory Jury Challenges
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1992
- June 29, 1992 The Other Side of Ross Perot
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- THE WEEK, Page 30
- NATION
- A Bar to Peremptory Jury Challenges
- </hdr><body>
- <p>The top court is divided by racial issues as the term winds
- down
- </p>
- <p> The acquittal by an all-white jury in Simi Valley, Calif., of
- four police officers in the Rodney King case last April brought
- national attention to the racial composition of juries. Last
- week the Supreme Court held, by a 7-to-2 vote, that defendants
- cannot exclude people from juries on the basis of their race.
- The decision limits peremptory challenges, which have
- traditionally allowed jurors to be excluded from serving without
- any explanation. "Be it at the hands of the State or the
- defense," wrote Justice Harry Blackmun for the majority, "if a
- court allows jurors to be excluded because of group bias, it is
- a willing participant in a scheme that could only undermine the
- very foundation of our system of justice -- our citizens'
- confidence in it."
- </p>
- <p> The decision was closer than the vote would indicate.
- Justice Clarence Thomas, who reluctantly concurred with the
- majority, joined dissenter Justice Sandra Day O'Connor in
- fearing that the decision would have an adverse effect on black
- defendants who want to exclude white potential jurors to get
- minority representation on their juries. "I am certain that
- black criminal defendants will rue the day that this court
- ventured down this road," wrote Thomas.
- </p>
- <p> In a second decision, the court struck down by a 5-to-4
- vote a Forsyth County, Ga., law that required demonstrators to
- purchase a parade permit for a fee based on the anticipated cost
- of police protection. The permit fee was imposed after a series
- of costly civil rights marches. Said Blackmun, again writing for
- the majority: "Speech cannot be financially burdened, any more
- than it can be punished or banned, simply because it might
- offend a hostile mob." Still to come before the end of the term:
- 14 decisions, involving such major issues as abortion, prayer
- in the schools and cigarette-industry liability.
- </p>
-
- </body></article>
- </text>
-
-