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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- GEORGIA v. McCOLLUM et al.
- certiorari to the supreme court of georgia
- No. 91-372. Argued February 26, 1992-Decided June 18, 1992
-
- Respondents, who are white, were charged with assaulting two African-
- Americans. Before jury selection began, the trial judge denied the
- prosecution's motion to prohibit respondents from exercising peremp-
- tory challenges in a racially discriminatory manner. The Georgia
- Supreme Court affirmed, distinguishing Edmonson v. Leesville
- Concrete Co., 500 U.S. ___-in which this Court held that private
- litigants cannot exercise peremptory strikes in a racially discrimina-
- tory manner-on the ground that it involved civil litigants rather
- than criminal defendants.
- Held:The Constitution prohibits a criminal defendant from engaging
- in purposeful discrimination on the ground of race in the exercise of
- peremptory challenges. Pp.3-16.
- (a)The exercise of racially discriminatory peremptory challenges
- offends the Equal Protection Clause when the offending challenges
- are made by the State, Batson v. Kentucky, 476 U.S. 79; Powers v.
- Ohio, 499 U.S. ___, and, in civil cases, when they are made by
- private litigants, Edmonson, supra. Whether the prohibition should
- be extended to discriminatory challenges made by a criminal defen-
- dant turns upon the following four-factor analysis. Pp.3-5.
- (b)A criminal defendant's racially discriminatory exercise of
- peremptory challenges inflicts the harms addressed by Batson.
- Regardless of whether it is the State or the defense who invokes
- them, discriminatory challenges harm the individual juror by subject-
- ing him to open and public racial discrimination and harm the
- community by undermining public confidence in this country's system
- of justice. Pp.5-7.
- (c)A criminal defendant's exercise of peremptory challenges
- constitutes state action for purposes of the Equal Protection Clause
- under the analytical framework summarized in Lugar v. Edmondson
- Oil Co., 457 U.S. 922. Respondents' argument that the adversarial
- relationship between the defendant and the prosecution negates a
- peremptory challenge's governmental character is rejected. Unlike
- other actions taken in support of a defendant's defense, the exercise
- of a peremptory challenge determines the composition of a govern-
- mental body. The fact that a defendant exercises a peremptory
- challenge to further his interest in acquittal does not conflict with a
- finding of state action, since whenever a private actor's conduct is
- deemed fairly attributable to the government, it is likely that private
- motives will have animated the actor's decision. Pp.7-12.
- (d)The State has third-party standing to challenge a defendant's
- discriminatory use of peremptory challenges, since it suffers a
- concrete injury when the fairness and the integrity of its own judicial
- process is undermined; since, as the representative of all its citizens,
- it has a close relation to potential jurors; and since the barriers to
- suit by an excluded juror are daunting. See Powers, 499 U.S., at
- ___. Pp.12-14.
- (e)A prohibition against the discriminatory exercise of peremptory
- challenges does not violate a criminal defendant's constitutional
- rights. It is an affront to justice to argue that the right to a fair
- trial includes the right to discriminate against a group of citizens
- based upon their race. Nor does the prohibition violate the Sixth
- Amendment right to the effective assistance of counsel, since counsel
- can normally explain the reasons for peremptory challenges without
- revealing strategy or confidential communication, and since neither
- the Sixth Amendment nor the attorney-client privilege gives a
- defendant the right to carry out through counsel an unlawful course
- of conduct. In addition, the prohibition does not violate the Sixth
- Amendment right to a trial by a jury that is impartial with respect
- to both parties. Removing a juror whom the defendant believes
- harbors racial prejudice is different from exercising a peremptory
- challenge to discriminate invidiously against jurors on account of
- race. Pp.14-16.
- 261 Ga. 473, 405 S.E.2d 688, reversed and remanded.
-
- Blackmun, J., delivered the opinion of the Court, in which Rehn-
- quist, C. J., and White, Stevens, Kennedy, and Souter, JJ., joined.
- Rehnquist, C. J., filed a concurring opinion. Thomas, J., filed an
- opinion concurring in the judgment. O'Connor, J., and Scalia, J., filed
- dissenting opinions.
-