Swain v. Alabama

Swain v. Alabama

Infobox SCOTUS case
Litigants = Swain v. Alabama
ArgueDate = December 8
ArgueYear = 1964
DecideDate = March 8
DecideYear = 1965
FullName = Robert Swain v. Alabama
USVol = 380
USPage = 202
Citation =
Prior =
Subsequent =
Holding = The overall percentage disparity has been small and reflects no studied attempt to include or exclude a specified number of blacks.
SCOTUS = 1962-1965
Majority = White
JoinMajority =
Concurrence =
JoinConcurrence =
Concurrence2 =
JoinConcurrence2 =
Concurrence/Dissent =
JoinConcurrence/Dissent =
Dissent =
JoinDissent =
Dissent2 =
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LawsApplied =
Overruled = "Batson v. Kentucky", ussc|476|79|1986

"Swain v. Alabama", 380 U.S. 202 (1965), was a case heard before the Supreme Court of the United States regarding the legality of a struck jury.

Swain, a black man, was indicted and convicted of sexual assault in the Circuit Court of Talladega County, Alabama, and sentenced to death. The case was appealed to the Supreme Court on the grounds that there were no black jurors. Of eligible jurors in the county, 26% were black, but panels since 1953 averaged 10% to 15% black jurors.

The Supreme Court denied the appeal, because 8 of 100 empaneled jurors were black, but all were "struck" by peremptory challenges by the prosecution. The ruling for the majority stated, "The overall percentage disparity has been small and reflects no studied attempt to include or exclude a specified number of blacks."

This case recognized the preemptory challenge as a valid legal practice so long as it was not used intentionally to exclude blacks from jury duties.

The precedent was overturned in "Batson v. Kentucky", ussc|476|79|1986.

ee also

*List of United States Supreme Court cases, volume 380

Further reading

* cite journal | last = Sommers | first = Samuel R. | authorlink = | coauthors = Norton, Michael I. | year = 2007 | month = | title = Race-Based Judgments, Race-Neutral Justifications: Experimental Examination of Peremptory Use and the "Batson" Challenge Procedure | journal = Law and Human Behavior | volume = 31 | issue = 3 | pages = 261–273 | doi = 10.1007/s10979-006-9048-6 | url = | accessdate = | quote =

External links

*" [http://www.vlex.us/caselaw/U-S-Supreme-Court/Swain-v-Alabama-380-U-S-202-1965/2100-19993334%2C01.html Swain v. Alabama] ", 380 U.S. 202 (1965)


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