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The Court’s decision in Batson v. Kentucky (1986). How does jury selection typically work? What is a “peremptory challenge”? What are the competing values at stake in this case? Should the system have been left to function as did prior to this case, or modified along the lines suggested by Justice Powell in his opinion for the Court? Or, should the Court have decided the case the way that Justice Marshall (dissenting opinion) argued that it should have?
define and describe “jury nullification” and then critically evaluate the debate over it. What are the arguments on both sides of this issue? With which view do you tend to agree, and why? Be sure to make use of the readings, cases, and materials. Certainly, you will want to compare and contrasts the views of Scheflin, and Scheflin and Van Dyke, on one hand, with Judge Leventhal’s argument in U.S. v. Dougherty, on the other. Other readings or materials you might consider discussing include: King’s Letter from a Birmingham Jail, Queen v. Dudley and Stephens, U.S. v. Dougherty, the Camden 28 (film), Phillip Caputo’s case, and the case of the prison escape described in the podcast “Life of the Law” on “the necessity defense.”
Citing is not necessary
The Court’s decision in Batson v. Kentucky (1986).