Sample Essay on:
Racial Minorities and the Judicial Practice of Peremptory Challenge

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Essay / Research Paper Abstract

A 4 page paper which examines the small proportions of racial minorities in the U.S. legal and judicial profession, and considers whether or not eliminating the practice would equalize the scales of justice. Bibliography lists 4 sources.

Page Count:

4 pages (~225 words per page)

File: TG15_TGperrace.rtf

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Unformatted sample text from the term paper:

American population being either Black or Latino, there is only a combined total of 9.2 percent of them in the legal profession. What accounts for this? It would appear the racism that has always been an unfortunate byproduct of the American historical experience has tainted the system of justice as well. The U.S. judicial system is based upon the ancient Greek model of democracy, in which a person accused of a crime is judged by a jury of his peers. The Founding Fathers placed considerable weight upon the concept of trial by jury in Article III, and the Sixth and Seventh Amendments of the U.S. Constitution (Babcock 469). But with mostly white juries sitting in judgment and white lawyers standing before primarily white judges, are racial minorities receiving adequate representation under the law? There has long been a collective assumption that prejudice is transmitted through racial and prevailing cultural suppositions. Some American political scientists maintain that diversity both in legal defense and on the bench would go a long way towards achieving equality. Hanna Pitkin contends that black (or Hispanic) judges are regarded as visual constituents that imply access into what has long been an exclusively white legal society (Scherer 655). Political scientist Samuel Krislov agrees, adding that minority jurists reflect minority perspectives in the courts (Scherer 655). For example, in search and seizure cases, minority judges tend to vote quite differently for they are more likely to accept testimony that law enforcement personnel engaged in alleged misconduct during criminal investigations (Scherer 655). Evidence suggesting that prosecutors use their peremptory challenges to preserve all-white juries in cases involving African American or Hispanic defendants has led some commentators to demand for the elimination of the ...

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