Sunday, September 18, 2005

Peremptory Removal of Clergy As Jurors Unconstitutional

In Highler v. State, (IN Ct. App., Sept. 15, 2005), an Indiana state appellate court held that the prosecution's use of peremptory challenges in criminal trials to remove all members of the clergy from jury panels "because they're more apt for forgiveness" is unconstitutional. However, it found tha in this case there were other legitimate reasons for the peremptory challenge of an African-American clergyman.