The courts have failed to gain recognition and rejection of the practice of excluding blacks from the jury: First by the composition of the jury panels and second in the use of peremptory challenges to remove black people who reach the panels from which the jury pool is selected. The conclusion that race and racism, continue to be major influences in a jury selection process and in the outcome of juries seems beyond doubt, but Kennedy retains his commitment to anti-discrimination as the appropriate standard in jury selection as in all other aspects of the law enforcement process. Moreover, rejecting procedures that would ensure racial diversity in the jury pool is a complication because they are not focusing on what is more important which …show more content…
If it is known to be illegal to use peremptory challenges in an unlawful manner and stigmatize the racially discriminatory peremptory challenge practices, there needs to be some sort of consequences such as throwing the case out. Under those circumstances, this brings me to the Fourteenth Amendment, since the adoption of the Fourteenth Amendment to the United States Constitution, it has fallen largely upon the federal courts to enforce its guarantees of due process and equal protection to all persons regardless of race. For example, referring back to the Swain v. Alabama case, if I were to IRAC this case the issue would be whether the use of peremptory challenges to remove a potential juror from the jury because of the potential juror’s gender violated the equal protection clause of the Fourteenth Amendment of the Constitution? The conclusion would be yes. Therefore, it’s safe to say that the Constitutional guarantees of equal protection in courtrooms and the practice of allowing prosecutors to use peremptory challenges have resulted in tension between citizens and legal