Author Question: Under what circumstances has the Supreme Court imposed restrictions on the use of peremptory ... (Read 34 times)

moongchi · **on:** Aug 17, 2018

Under what circumstances has the Supreme Court imposed restrictions on the use of peremptory challenges?

What will be an ideal response?

Question 2

Explain the right to a speedy trial and the remedy for a violation of the right.

What will be an ideal response?

DHRUVSHAH · **Reply #1 on:** Aug 17, 2018

Answer to Question 1

Answer: Answers should include a discussion of Swain v Alabama. In that case, the defendant argued that the prosecutor excluded all minority jurors through peremptory challenges and, as such, violated the equal protection clause of the Fourteenth Amendment.

Answer to Question 2

Answer: Answers should address the Sixth Amendment's guarantee of a speedy trial, that it applies from the time of arrest or the filing of charges absent an arrest, that it applies only to current charges (as opposed to previously dismissed ones), and that failure to bring charges in a timely fashion violates due process. A four-part test is used to determine if a violation occurred: 1) length of delay, 2) reason for delay, 3) defendant's assertion of the right, and 4) prejudice. Finally, the remedy for a violation is dismissal of the charges.