Second, the defendant is entitled to rely on the fact, as to which there can be no dispute, that peremptory challenges constitute a jury selection practice that permits 'those to discriminate who are of a mind to discriminate." Finally, the defendant must show that these facts and any other relevant circumstances raise an inference that the prosecutor used that practice to exclude the veniremen from the petit jury
on account of their race.
They never get in front of a petit jury
, because they are plea bargained.
whole Petit Jury
must agree in the same Judgment; So that twenty
The grand jury and the petit jury
have entirely different purposes and functions.
Like the composition of a petit jury
, the composition of a grand jury must comply with constitutional requirements; prospective grand jurors cannot be excluded from grand jury service solely on the basis of their race or gender.
(239) Sullivan & Nachman, supra note 30, at 1053 ("[T]he grand jury gives the prosecutor a feel for how the case will appear to a petit jury
. The grand jury's reaction may lead the prosecutor to re-evaluate the evidence supporting a particular case."); see also Wright, supra note 126, at 470 ("Another monitoring function of the grand jury arose where the prosecutor overreached....").
by a demographically representative petit jury
(42) The "petit jury
" is the actual jury for the civil trial.
Strahan 1807) (stating that the petit jury
consisted of "twelve and can be neither more nor less"); 2 HENRY OF BRACTON, ON THE LAWS AND CUSTOMS OF ENGLAND 328-29 (George E.
The need for juries was especially acute in criminal cases: A grand jury could block any prosecution it deemed unfounded or malicious, and a petit jury
could likewise interpose itself on behalf of a defendant charged unfairly.
To justify the finding of an indictment, you must be convinced, so far as the evidence before you goes, that the accused is guilty--in other words, you ought not to find an indictment unless, in your judgment, the evidence before you, unexplained and uncontradicted, would warrant a conviction by a petit jury
. (176) Field's charge became the definitive statement of the prima facie standard.
"as a cross between a grand jury and a petit jury
," (15) would