(185) Witherspoon and its immediate progeny are the only cases in which the Supreme Court has hinted that the representative-ness component of the jury extends past venire
formation and is implicated in petit jury selection.
Leading questions often address the venire
members' opinions about the death penalty.
However, this algorithmic accuracy only matters if the goal of the jury venire
is to create a truly representative cross-section as opposed to a fair cross-section.
Under a Sixth Amendment test, in contrast, the judge could wait to see whether dueling strikes actually affected diversity, which would depend on the breakdown of the venire
. The judge could acknowledge, without finding a constitutional violation, that the defense lawyer worried about black jurors prejudging his client and that the prosecutor worried that white jurors might discriminate against the black victims of a hate crime.
the forty-eight names from the original venire
can be reconstructed.
(11) Although one could argue that appellate courts have impliedly rejected the notion that a venire
is sufficient to satisfy a defendant's Sixth Amendment rights under these circumstances, some courts have found otherwise.
Coniuncti, parvum est quod non possimus, multis operibus communibus; disiuncti, est parvum quod possimus--adversario enim forti obviam venire
non in discordia audemus ut copiae nostrae separatim findantur.
Menezes Cordeiro, citando a Teubner, aponta que, na doutrina alema, o fundamento do tu quoque teria sido atribuido aos seguintes oito principios: 1) a retaliacao; 2) a regra da integridade; 3) a recusa de protecao juridica; 4) a compensacao de culpas; 5) ao recurso ao proprio nao-direito (unrecht); 6) aos comportamentos contraditorios (venire
contra factum proprium); 7) a renuncia a sancoes; 8) a proporcionalidade contratual.
Reviewed at Venire
Film Festival (non-competing), Aug 28, 2012.
During the two-day event, attendees will hear from leading medical technology CEOs, venire
capitalists and government officials on the state of the industry and National Basketball Association Hall-of-Famer Bill Walton, who will deliver the opening address on May 31.