Does a juror have a right not to be excluded from a jury on the basis of race?
The following excerpt is from U.S. v. Nelson, 277 F.3d 164 (2nd Cir. 2000):
53. This is so, Powers teaches, not least because race-based selection of juries violates the equal protection rights not just of the parties to a proceeding but also of the would-be jurors who have been excluded. Thus, while "[a]n individual juror does not have a right to sit on any particular petit jury,... he or she does possess the right not to be excluded from one on account of race." Powers v. Ohio, 499 U.S. at 409.
53. This is so, Powers teaches, not least because race-based selection of juries violates the equal protection rights not just of the parties to a proceeding but also of the would-be jurors who have been excluded. Thus, while "[a]n individual juror does not have a right to sit on any particular petit jury,... he or she does possess the right not to be excluded from one on account of race." Powers v. Ohio, 499 U.S. at 409.
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