Why The Neil Test Is Applied For African Americans And Females From The Jury Panel

Why The Neil Test Is Applied For African Americans And Females From The Jury Panel

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In this case, if the Neil test is applied, as stated in Melbourne, 679 So. 2d at 764, this court can determined that the trial court seriously erred when it did not demand the State to come forward with a race-neutral explanation as to why the State was excusing multiple African-Americans and females from the Jury Panel. The Defense, in January 19, 2016, during Jury Selection, made a timely objection on the grounds that the State was using the peremptory challenges to prevent all African-Americans and females from becoming part of the Jury (R. at 56-58). The Defense, during previously mentioned process, stated for the records that the persons the state had excused using peremptory challenge were members of two protected groups, namely African-American and females. At that point the Defense attorney began to request an explanation to the reasons the State Attorney had to excuse these African-American females. “If this isn’t discrimination, why is he excusing these women. Why can’t I ask him?” (R. at 57).
Despite the fact that the court failed to demand from the State Attorney to provide a reason for his strikes, the State attorney gave multiple non-genuine excuses to justify his actions. The State struck Ms. Lucy Glazer with multiple excuses like this that Ms. Glazer did not read much news. When the defense challenged this previous statement as no a genuine reason to strike the venireperson, on the basis that much of the youth generations under thirty (30) uses other means than written press to obtain their news, then the state change their argument to strike Ms. Glazer under the theory that a person that listen to Howard Stern is someone who is still challenging the status quo (R. at 56-58). On the other hand, the state never obj...

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... the defense had made a request for a race-neutral reason and “the court failed to conduct the required Neil inquiry.” Additionally, the court stated that “[t]his Court has held that failure to conduct a Neil inquiry, as required by Melbourne and State v. Johans, 613 So. 2d 1319 (Fla. 1993), constitutes reversible error. Id. at 992. In contrast, in this case there was no African-Americans nor female Juror selected to the panel. Nevertheless, as in Pickett, the judge failed to conduct the required Neil Inquiry. Consequently, the error is a reversible error. See also Murray v. Haley, 833 So. 2d 877 (Fla. 1st DCA 2003) (holding that the failure of the trial court 's failure to require appellees to articulate a gender-neutral reason for their peremptory challenges of the three female prospective jurors is a reversible error, which entitle the defendant to a new trial.)

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