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

Length: 1535 words (4.4 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

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...


... middle of paper ...


... 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.)


Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Jury Service And The American System Of Justice Essay

- When you think of the word “jury service”, most people think that it’s something unimportant. Something that should be optional and its violating our rights as a citizen. Jury service plays a huge role in the American system of justice. We are protecting our rights of not making injustice. Centuries before, African Americans and women weren’t allowed to vote. There was discrimination and inequality. Most people didn’t have the right to have an opinion about anything. Now we are all treated equal and our vote’s counts as a citizen regardless of your skin color or gender....   [tags: Law, Jury, Judge, Court]

Better Essays
710 words (2 pages)

Essay about The Jury Of A Jury

- The presence of a jury in our legal system today is to create a sense of democracy in our society, as the presence of a jury avoids the possibility of corruption, similar to the idea of separate power, it is to assure that no one has enough power to abuse it. The right to a jury will ensure that those who are accused will get as close to a fair sentence as possible. The assigned book stated “the jury’s primary purpose is to protect citizens against arbitrary governmental actions by providing the accused a safeguard against the corrupt or overzealous prosecutor and against the compliant, biased or eccentric judge.” Jury nullification is defined by the assigned textbook as “ the right of juri...   [tags: Jury, Voir dire, Not proven, Verdict]

Better Essays
1189 words (3.4 pages)

The Jury System Essay example

- The right to trial by jury in the modern times originates from twelfth century England during the reign of King Henry II. This system may originate from an “ancient right for an accused to be tried only “by the lawful judgment of his equals or by the law of the land”” (Thomas). In the United States, trial by jury is mentioned in Article Three of the Constitution and the Fifth, Sixth, and Seventh Amendments. For many people, the jury system seems to be the fairest system and most unbiased way of determining a person’s innocence or guilt....   [tags: Trial by Jury ]

Better Essays
1395 words (4 pages)

The Violation Of Jury Trial Essay

- The U.S. recognizes the right to jury trial in virtually all criminal cases, including misdemeanor and felony. Twelve members make up a jury. The Sixth Amendment guarantees anyone facing a penalty of no less than six months imprisonment a jury trial. In reality, the Sixth Amendment does entitle the defendant to a jury trial if their offense is punishable by a period of below six months imprisonment. A jury trial helps to check or test out unfetthered prosecutorial power (Ward 83). Prosecutors must decide how and what to charge the defendant while considering that a jury will eventually decide their case upon presenting the evidence....   [tags: Jury, Criminal law, Court, Law]

Better Essays
1662 words (4.7 pages)

Essay on The Issue Of Jury Nullification

- Alright, let 's do this. Burdens: Let 's start by establishing these. We have equal burdens. It is my burden to show that the usage of jury nullification, on the whole, presents a net detriment. It is Pro 's burden to show the opposite. Thus, it is not my burden to present a case that seeks to end the right to jury nullification. So, as I 'm not seeking to end this right, the right itself isn 't up for discussion. I must only show that its usage is generally harmful to justice. Building on that, I also need not argue that jury nullification is harmful in all instances, just as it is not my opponent 's burden to show that every instance where jury nullification is used is beneficial to justi...   [tags: Law, Jury, Justice, Common law]

Better Essays
1565 words (4.5 pages)

Our Current Trial By Jury System Essay example

- Our current trial by jury system was originally adopted from Anglo-Saxon English common law. Prior to juries, the United States had much more rudimentary methods that were in affect, such as bench trials. A bench trial consists of solely the judge determining the final verdict, versus a jury possessing that responsibility. Proceeding with a trial by jury assures that there will be a margin of error, simply due to the fact that the jurors are human, and are susceptible to human fallibility. Whether the jury is cognizant of it or not, emotions such as pre-determined bias and favoritism can impede or bring the case to a halt all together....   [tags: Jury, Jury trial, Bench trial, Common law]

Better Essays
781 words (2.2 pages)

Intuition in A Jury of Her Peers Essay

- Intuition in A Jury of Her Peers        Though men and women are now recognized as generally equal in talent and intelligence, when Susan Glaspell wrote "A Jury of Her Peers" in 1917, it was not so. In this turn-of-the-century, rural midwestern setting, women were often barely educated and possessed virtually no political or economic power. And, being the "weaker sex," there was not much they could do about it. Relegated to home and hearth, women found themselves at the mercy of the more powerful men in their lives....   [tags: A Jury of Her Peers Essays]

Better Essays
1185 words (3.4 pages)

Essay about Susan Glaspell's A Jury of Her Peers

- I have always felt that a good piece of writing causes the reader to think about and analyze a given set of circumstances so that he expands his worldly understandings. Such writing is stimulating and often includes an element of controversy. The short story “A Jury of Her Peers” by Susan Glaspell is one example of this provocation in which the writer conveys her views on sexual injustice. In a way that is conceptually intriguing, Glaspell expresses her ideas about the misunderstandings between men and women during the early twentieth century....   [tags: A Jury of Her Peers Essays]

Better Essays
959 words (2.7 pages)

Essay on Elements of Fiction in A Jury of Her Peers

- Critically analyzing stories based on the elements of fiction can give readers a more in-depth perspective on the authors true meaning to what is written. In Susan Glaspell's "A Jury of Her Peers", irony, theme, and plot and structure are applied well throughout. When analyzing this story, it can not be judged on how appealing or entertaining it is, but whether or not it fully achieves its central purpose and how significant that purpose is. In this story every element mentioned has worked together to bring this tale to life. The theme of the story concentrates on women's suffrage....   [tags: A Jury of Her Peers Essays]

Better Essays
606 words (1.7 pages)

Jury Nullification Essay

- Jury Nullification Jury nullification means that a jury finds a defendant innocent because the law itself is unjust, or is unjust in a particular application, and so should not be applied. So really what this means is that no mater what the law says the jury will pretty much have the right to choose weather the person is going to be guilty or innocent and that is kind of ok in some cases but then again its not in others so we should not expect our juries to judge our laws only the case that person is being tried in and they should only judge that person on all of the facts given....   [tags: Jury Jurors Court Justice System Essays]

Free Essays
3967 words (11.3 pages)