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Swain, a black man, was indicted and convicted of rape in the Circuit Court of Talladega County, Alabama, and sentenced to death by an all white jury.The case was appealed to the Supreme Court, in part, on the ground that there were no black jurors.
With political control in what was effectively a one-party system, the South passed Jim Crow laws and instituted racial segregation in public facilities. In 1896, the Supreme Court ruled in favor of the defendants in the Plessy v. Ferguson case, which established the "separate but equal" interpretation for the provision of services. Without the ...
The Supreme Court held that the systematic exclusion of African Americans from jury service violated the Equal Protection Clause of the Fourteenth Amendment. The case was a significant advance in the Supreme Court's criminal procedure jurisprudence. Building on the existing precedent of Strauder v. West Virginia (1880) and Neal v.
Batson v. Kentucky, 476 U.S. 79 (1986), was a landmark decision of the United States Supreme Court ruling that a prosecutor's use of a peremptory challenge in a criminal case—the dismissal of jurors without stating a valid cause for doing so—may not be used to exclude jurors based solely on their race.
According to the Bureau of Justice Statistics, Blacks accounted for 39.4% of the prison and jail population in 2009, while non-Hispanic Whites were 34.2%, and Hispanics (of any race) 20.6%. The incarceration rate of Black males was over six times as high as White males, with a rate of 4,749 per 100,000 US residents.
The way in which certain drugs are criminalized also factors into the large disparities in involvement in the prison system between black and white communities. [41] For instance "conviction for crack selling (more heavily sold and used by people of color) [results] in a sentence 100 times more severe than for selling the same amount of powder ...
Alabama (1935), the Court ruled that criminal defendants are entitled to effective counsel, and in Norris v. Alabama (1935), that blacks may not be excluded systematically from jury service. [17] Despite Norris, the practice of excluding black people from juries did not disappear. In 1985, the Supreme Court in Batson v.
Executions of white defendants for killing black victims are rare. The number of white people executed for killing a black person is significantly lower than all other racial combinations. As of January 2022, just 21 white people had been executed for killing a black victim, making up only 1.36 percent of all executions. [5]