Georgia v. McCollum

Georgia v. McCollum, 505 U.S. 42 (1992), is a landmark decision of the United States Supreme Court.

Three white defendants were charged with assaulting a Black victim. When their attorneys announced they would use peremptory challenges to exclude Black jurors, the trial court ruled that the Equal Protection Clause prohibits criminal defendants from using race-based peremptory challenges. The defendants appealed, arguing that Batson only applied to prosecutors.

Significance

Justice Blackmun’s 7-2 opinion extended Batson to criminal defense attorneys. The Court held that racial discrimination in jury selection by any participant — including the defense — harms the integrity of the judicial process and violates the Equal Protection Clause. Even though defendants have a right to a fair trial, that right does not include the right to discriminate on the basis of race in selecting jurors.

Category

US Federal Case Law