Thursday, September 25, 2008

6th Circuit Finds Systemic Exclusion


Smith v. Berguis
Yesterday, a three judge panel in the 6th Circuit Court of Appeals determined that the jury selection process used in Kent County, Michigan systematically excluded black jurors. Specifically, the court found that the process used in Kent County (a process now abandoned) to create the venire panels deprived defendants of their 6th Amendment right to a "jury drawn from a fair cross-section of the community." The panel's decision overturns a prior Michigan Supreme Court ruling which had failed to find systemic exclusion.

For more information about the court's ruling click on the article below or read the case
here.

Dispute over all-white jury leads to new trial

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