Georgia v. McCollum
Encyclopedia
Georgia v. McCollum, 505 U.S. 42
(1992), was a case in which the Supreme Court of the United States
held that a criminal defendant cannot make peremptory challenge
s based solely on race. The court had previously held in Batson v. Kentucky
(1986) that prosecutors cannot make peremptory challenges based on race, but didn't address whether defendants could use them. The court had already ruled in Edmonson v. Leesville Concrete Company
(1991) that the Batson prohibition also applies to civil litigants because they are state actors during the jury selection process.
However, in Polk County v. Dodson, , the court had held that a public defender is not a state actor in the context of a lawsuit for inadequate legal representation. McCollum argued that Polk County was the controlling precedent, so public defenders are not state actors during jury selection. Writing for the court, Justice Harry Blackmun
disagreed. Blackmun found that whether a public defender is a state actor "depends on the nature and context of the function he is performing." Just as he is a state actor in the context of personnel decisions like hiring and firing attorneys in his office, a public defender is a state actor in the context of peremptory challenges. Like in Edmonson, Blackmun found that race-based peremptory challenges by the defendant violate the Equal Protection Clause
and are therefore unconstitutional.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1992), was a case in which the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
held that a criminal defendant cannot make peremptory challenge
Peremptory challenge
Peremptory challenge usually refers to a right in jury selection for the defense and prosecution to reject a certain number of potential jurors who appear to have an unfavorable bias without having to give any reason...
s based solely on race. The court had previously held in Batson v. Kentucky
Batson v. Kentucky
Batson v. Kentucky, , was a case in which the United States Supreme Court ruled that a prosecutor's use of peremptory challenge—the dismissal of jurors without stating a valid cause for doing so—may not be used to exclude jurors based solely on their race...
(1986) that prosecutors cannot make peremptory challenges based on race, but didn't address whether defendants could use them. The court had already ruled in Edmonson v. Leesville Concrete Company
Edmonson v. Leesville Concrete Company
Edmonson v. Leesville Concrete Company, 500 U.S. 614 , was a case in which the Supreme Court of the United States held that peremptory challenges may not be used to exclude jurors on the basis of race in civil trials. Edmonson extended the court's similar decision in Batson v. Kentucky, a criminal...
(1991) that the Batson prohibition also applies to civil litigants because they are state actors during the jury selection process.
However, in Polk County v. Dodson, , the court had held that a public defender is not a state actor in the context of a lawsuit for inadequate legal representation. McCollum argued that Polk County was the controlling precedent, so public defenders are not state actors during jury selection. Writing for the court, Justice Harry Blackmun
Harry Blackmun
Harold Andrew Blackmun was an Associate Justice of the Supreme Court of the United States from 1970 until 1994. He is best known as the author of Roe v. Wade.- Early years and professional career :...
disagreed. Blackmun found that whether a public defender is a state actor "depends on the nature and context of the function he is performing." Just as he is a state actor in the context of personnel decisions like hiring and firing attorneys in his office, a public defender is a state actor in the context of peremptory challenges. Like in Edmonson, Blackmun found that race-based peremptory challenges by the defendant violate the Equal Protection Clause
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
and are therefore unconstitutional.
See also
- List of United States Supreme Court cases, volume 505
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Rehnquist Court