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Cooley Law Review Publication 37(2)

Page 118

262

W. MICH. U. COOLEY LAW REVIEW

[Vol. 37:2

impartial jury of his peers, as implemented in Batson, still work, and they seem to work effectively. In 1879, the U.S. Supreme Court, in discussing the composition of a jury, asked a question that echoed for 140 years:”how can it be maintained that compelling a colored man to submit to a trial for his life by a jury drawn from a panel from which the State has expressly excluded every man of his race, because of color alone, however well qualified in other respects, is not a denial to him of equal legal protection?”93 The answer has been and always will be the same. Never.

93. Strauder v. West Virginia, 100 U.S. 303, 309 (1879).


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