Congressional Digest

Supreme Court Debates April 2017 No. 4 Vol. 20
Peña-Rodriguez v. Colorado

Border Shootings

Constitutional Rights of Mexicans in U.S. Courts

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Peña-Rodriguez v. Colorado

The Court Says Verdicts Possibly Tainted by Racist Jurors Should Be Reviewed

Peňa-Rodriguez v. Colorado was featured in Racism in the Jury Room, Supreme Court Debates (November 2016). The following is excerpted from the 5-to-3 majority opinion written by Justice Kennedy, as prepared by the Court Reporter of Decisions. Where a juror makes a clear statement indicating that he or she relied on racial stereotypes or animus to convict a criminal defendant, the Sixth Amendment requires that the no-impeachment rule give way in order to permit the trial court to consider the evidence of the juror’s statement and any resulting denial of the jury trial guarantee. At common law, jurors were forbidden…

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