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DQ1 BATSON CHALLENGE

JADM320 (Criminal Procedure)

Week 7 discussion

DQ1 BATSON CHALLENGE

In Judge Martin’s courtroom, jury selection is going on in a murder case. Sally Jones is a prospective juror. Ms. Jones is an African-American female, age 59, who works for a state agency. As she has asked all jurors, Prosecutor Cynthia Crone asks Jones what she thinks about police officers testifying in the case. Jones states that she doesn’t like police. When asked why, Jones tells Crone that her son was wrongfully accused by police of committing a burglary 8 years ago. She said that he was indicted for the crime, but the charges were ultimately dropped. When Defense Attorney Harry Samuel asks Jones if she could set that aside, Jones tells him that she could try, in an attempt to be a fair and impartial juror.

How may either the prosecutor or defense counsel remove Ms. Jones from the jury? What challenges are available to them, and when are they appropriate?

DQ2 CONFRONTATION OF WITNESSES

What is the Confrontation Clause? Where is it found in the U.S. Constitution? Why is it important in criminal trials? Be specific.

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