DueProcess CriminalProcedure HabeasCorpus JusticiabilityDoctri
whether-the-right-to-a-fair-trial-requires-questioning-prospective-jurors-on-bias-against-hispanics
QUESTIONS PRESENTED 1. Whether the right to a fair trial by an impartial jury under the Sixth and Fourteenth Amendments requires a trial judge, during jury selection and upon a criminal defendant’s request, to ask each prospective juror whether the juror believed that Hispanic persons from cities such as Lawrence, Massachusetts (the city where the alleged offenses were located), are more likely to commit crimes of violence than any other ethnicity or people. 2. Whether the Equal Protection Clause of the Fourteenth Amendment requires a trial judge, during jury selection and upon a criminal defendant’s request, to ask each prospective juror whether the juror believed that Hispanic persons from cities such as Lawrence, Massachusetts (the city where the alleged offenses were located), are more likely to commit crimes of violence than any other ethnicity or people. 3. Whether the Due Process Clause of the Fourteenth Amendment requires a trial judge, during jury selection and upon a criminal defendant’s request, to ask each prospective juror whether the juror believed that Hispanic persons from cities such as Lawrence, Massachusetts (the city where the trial and alleged offenses were located), are more likely to commit crimes of violence than any other ethnicity or people. 4. Whether a suspect’s rights against compelled self-incrimination under the Fifth and Fourteenth Amendments require the suppression of statements made in response to police interrogation where the suspect’s arrest was imminent, where the police admitted that the suspect would not have been permitted to leave the scene of the interrogation and where the statements at issue pertained to material aspects of the jury’s decision. i