Concurrence Harlan Date decided 1965 Majority White | Concurrence Black Citations 380 U.S. 202 () | |
Full case name Robert Swain v. Alabama Dissent Goldberg, joined by Warren, Douglas Similar Batson v Kentucky, Edmonson v Leesville Concrete, Miller‑El v Dretke, Snyder v Louisiana, Duncan v Louisiana | ||
Swain v. Alabama, 380 U.S. 202 (1965), was a case heard before the Supreme Court of the United States regarding the legality of a struck jury.
Contents
Background
Swain, a black man, was indicted and convicted of rape in the Circuit Court of Talladega County, Alabama, and sentenced to death. The case was appealed to the Supreme Court on the grounds that there were no black jurors. Of eligible jurors in the county, 26% were black, but panels since 1953 averaged 10% to 15% black jurors.
Opinion of the Court
The Supreme Court denied the appeal, because 8 of 100 empaneled jurors were black, but all were "struck" by peremptory challenges by the prosecution. The ruling for the majority stated, "The overall percentage disparity has been small and reflects no studied attempt to include or exclude a specified number of Negros."
Subsequent developments
This case recognized the peremptory challenge as a valid legal practice so long as it was not used intentionally to exclude blacks from jury duties. The precedent set in this case was overturned in Batson v. Kentucky, 476 U.S. 79 (1986).