In an important case, J. E. B. v. Alabama, decided in 1994, the Court held that the Constitution forbids discrimination in the selection of jurors based on gender. How difficult would it be to determine if this is occurring in a trial? Discuss potential ways in which the attorney in a criminal case could ensure that this precedent is upheld
What will be an ideal response?
The existence of discrimination in the selection of jurors based on gender would be
difficult to determine in a trial because it is difficult unless the results are clear,
obvious, and provable, or one party admits to such bias. The attorney in a criminal
case could ensure that this precedent is upheld by keeping careful track of the
gender of the jury pool, and note responses to questions during voir dire to try to
develop proof that this bias has been part of the jury selection process.
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