This topic contains a solution. Click here to go to the answer

Author Question: Was the judge's failure to find that Franco's peremptory dismissal made out a prima facie case of ... (Read 48 times)

ap345

  • Hero Member
  • *****
  • Posts: 537
Was the judge's failure to find that Franco's peremptory dismissal made out a prima facie case of dismissal for racial reasons?
 
  Francisco Alvarado was convicted of delivery of cocaine within 1,000 feet of a church. During voir dire the only person of Mexican descent, Norma Franco, was dismissed peremptorily from the jury by the prosecutor. Franco indicated that, about 15 or 16 years ago, her older sister was involved with drugs and sought help in ultimately overcoming her drug problem. Franco stated that she was not close to her sister at that time and was not involved in her sister's rehabilitation and treatment. Franco indicated that her sister had not had contact with the criminal justice system as a result of her drug use. The State did not ask Franco individually any other questions regarding her family and her ability to serve on defendant's jury before dismissing her. Defense counsel made a Batson challenge and the prosecutor gave, as a race-neutral reason for the dismissal, the involvement of her sister with drugs and nothing to do with her origins. The trial judge dismissed the Batson challenge. The State used other peremptory challenges to dismiss other jurors. On defense motion, the other juror profiles were preserved. On appeal it was noted that six other venirepersons also had relatives or friends who were involved with drugs in their pasts, yet they were not challenged.
  What will be an ideal response?

Question 2

Which of the following was the first to create reports that led to greater police accountability for misconduct?
 
  A) Wickersham Commission
  B) Knapp Commission
  C) White Knight
  D) Mollen Commission



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

yasmin

  • Sr. Member
  • ****
  • Posts: 319
Answer to Question 1

Yes
The appellate court reviewed a number of factors to consider to determine whether a prima facie case of discrimination was made out under Batson, including the race of the excused juror, whether the defendant and the juror are of the same race, the pattern of strikes, the levels of minority representation on the jury, whether any racial animus was expressed by the attorneys, the racial identity of victim and witnesses, and whether the excluded juror shared common characteristics with other, nonminority jurors who were not challenged. The first set of factors both supported or undermined, or played no role in whether a prima facie case of discrimination was made out. The common characteristics factor, however, was decisive. The only Hispanic juror was excused on the ground of a relative involved in drugs and yet other jurors with similar characteristics were not dismissed. The cases was remanded in order for the trial court to complete the other components of a Batson hearing. If, the circuit court determines that the peremptory challenge against Franco constitutes a Batson violation, then defendant's conviction shall be vacated and the circuit court shall order a new trial.

Answer to Question 2

A




yasmin

  • Sr. Member
  • ****
  • Posts: 319

 

Did you know?

Oxytocin is recommended only for pregnancies that have a medical reason for inducing labor (such as eclampsia) and is not recommended for elective procedures or for making the birthing process more convenient.

Did you know?

Giardia is one of the most common intestinal parasites worldwide, and infects up to 20% of the world population, mostly in poorer countries with inadequate sanitation. Infections are most common in children, though chronic Giardia is more common in adults.

Did you know?

To combat osteoporosis, changes in lifestyle and diet are recommended. At-risk patients should include 1,200 to 1,500 mg of calcium daily either via dietary means or with supplements.

Did you know?

Elderly adults are living longer, and causes of death are shifting. At the same time, autopsy rates are at or near their lowest in history.

Did you know?

The first oncogene was discovered in 1970 and was termed SRC (pronounced "SARK").

For a complete list of videos, visit our video library