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Third Circuit upholds faith-based peremptory challenges.

Publication: Trial
Publication Date: 01-JAN-04
Format: Online
Delivery: Immediate Online Access

Article Excerpt
Using strong religious involvement as a basis for striking jurors is not discriminatory and therefore survives a Batson challenge, the Third Circuit has ruled. "Even assuming that the exercise of a peremptory strike on the basis of religious affiliation is unconstitutional, the exercise of a strike based on religious beliefs is not." (United States v. De Jesus, 347 F.3d 500 (3d Cir. 2003).)

"What the court is saying is that potential jurors can be excluded based on beliefs, even if the beliefs are based...

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