Strauder v. West Virginia

Strauder v. West Virginia, 100 U.S. 303 (1880).

Facts: West Virginia (P) permitted only white male persons at least 21 years old to serve on juries. Strauder (D), a black, was charged with murder. D’s attempt to remove the case to federal court was disallowed, as was his challenge to the jury panel. D was tried and convicted. The state court upheld the conviction, and D appeals.

Issue: May a state prohibit all blacks from serving on a jury?

Holding: No. Judgment reversed.

Comments:

• The 14th Amendment was adopted to ensure that blacks have the same civil rights enjoyed by whites, and to make sure that the habitual discriminations against them were not perpetuated by state law even after the Civil War. Thus, it is to be construed liberally to carry out this purpose.
  • Esp. to protect against the evil acts of the state
• P’s law excluding blacks from juries is clearly discriminatory, just as it would be if whites as a class were so excluded. The composition of a jury is an essential part of the protection of a right to a trial by jury. D was denied equal protection by P’s exclusion of blacks.
• Although P may not prohibit blacks as a class from serving as juror, it may prescribe other relevant, nonracial qualifications as jurors.
• Civil Right for Defendant
• Political Right for Jurors