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''Swain v. Alabama'', 380 U.S. 202 (1965), was a case heard before the Supreme Court of the United States regarding the legality of a struck jury. Swain, a black man, was indicted and convicted of rape in the Circuit Court of Talladega County, Alabama, and sentenced to death. The case was appealed to the Supreme Court on the grounds that there were no black jurors. Of eligible jurors in the county, 26% were black, but panels since 1953 averaged 10% to 15% black jurors. The Supreme Court denied the appeal, because 8 of 100 empaneled jurors were black, but all were "struck" by peremptory challenges by the prosecution. The ruling for the majority stated, "The overall percentage disparity has been small and reflects no studied attempt to include or exclude a specified number of Negros." This case recognized the peremptory challenge as a valid legal practice so long as it was not used intentionally to exclude blacks from jury duties. The precedent was overturned in ''Batson v. Kentucky'', . ==See also== *List of United States Supreme Court cases, volume 380 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Swain v. Alabama」の詳細全文を読む スポンサード リンク
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