Question

During jury selection, there are at least three jurors that come into question based on their religion. The state has asked if anyone present belongs to a religion that refuses to sit in judgment of others, and these three people raised their hands in response. You do not object to the prosecution’s motion to strike them from the pool, and the judge dismisses each of the three for cause after confirming that they cannot apply the law of the state.

Jury selection continues, and the state attempts to strike three more potential jurors—all women—for cause. You object. You argue that the state has struck three women in a row and that two of the three people who were removed previously from the pool for religious reasons were also women. You speculate that the state is hoping male jurors will be prejudiced against Mr. Desmond because, in addition to his work with his church, he has done activist work with a radical feminist organization.

The state responds that it struck the first woman because she seemed sympathetic toward people accused of crimes in general. The prosecutor for the state also responds that based on his training and experience, he can tell that the other two women “just wouldn’t make good jurors for the state.”

Let’s review two more concepts before you make another decision about this scene.

The Sixth Amendment of the U.S. Constitution prohibits jurors from being excluded based on which of the following demographics?


Their race, age, education, and political party

Their race, sex, national origin, and creed

Their race, age, national origin, and religion

Their race, sex, education, and income

Answer 1

Their race, sex, national origin, and creed.

Reason: The Supreme Court has held that jurors cannot be excluded because of race (Batson v. Kentucky) or sex (J.E.B. v. Alabama), and courts treat national origin and creed/religion as protected characteristics for jury selection as well. A prosecutor who uses strikes that appear to be based on these characteristics must give a neutral explanation and the court must police pretext. (Dismissing a juror for cause because they candidly say they cannot follow the law is a different, permissible ground.)