In what circumstances have juries been barred from selecting a jury based on criminal records?
Manitoba, Canada
The following excerpt is from R. v. Teerhuis-Moar, 2007 MBQB 165 (CanLII):
In a number of United States cases, the use of criminal records to eliminate black people from juries was found to be inappropriate. (See Batson v. Kentucky, 476 U.S. 79 (1986)). The issue, however, arose on the basis of prosecutorial misconduct where the prosecution deliberately engaged in challenges to jury members who were black based on their criminal records, while not doing so for white members of the panel in order to skew the racial composition of the panel.
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