[DOWNLOAD] "United States v. Southern Motor Carriers Rate Conference Inc." by Eleventh Circuit U.S. Court of Appeals # eBook PDF Kindle ePub Free

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eBook details

• Title: United States v. Southern Motor Carriers Rate Conference Inc.
• Author : Eleventh Circuit U.S. Court of Appeals
• Release Date : January 05, 1982
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 89 KB

Description

This appeal challenges the selection of federal grand jury foremen by district judges in the Southern District of Florida between 1974 and 1978. Appellant argues that his indictment should have been dismissed because women and blacks were unconstitutionally excluded from serving as foremen. His claim is based on two separate grounds. First, he contends that the Sixth Amendment and the Jury Selection and Service Act of 1968, 28 U.S.C. § 1861, et seq., require that grand jury foremen represent a fair cross section of the community, just as this representation is required in grand and petit jury venires. Second, he argues that the equal protection component of the Fifth Amendment due process clause entitles a criminal defendant to be tried on an indictment which is returned from a grand jury untainted by invidious discrimination, and that this right encompasses the selection of the grand jury foreman. We emphasize that we are not faced with a challenge to the composition of the grand jury venire, but only the selection of a foreman from that venire.

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