Article:
Benno C. Schmidt, Jr., Juries, Jurisdiction, and Race
Discrimination: The Lost Promise of Strauder v. West
Virginia, 61 TEXAS L. REV. 1401 (1983).
Abstract:
Professor Schmidt analyzes the failure of the Supreme Court to
seriously address the problem of “lily-white juries” in the
South in the early part of the twentieth century. He
acknowledges that the Supreme Court in the 1920s, under Chief
Justice White, strongly advanced the purposes of the Civil War
Amendments. He explores, however, the failure of this court to
apply the same strength to the problem of racial discrimination
in juries. Professor Schmidt analyzes the connection between the
jury service cases and the issue of federal jurisdiction over
state criminal processes. He concludes that the Supreme Court’s
attempts at quashing state discrimination can be enforced only
with the aid of the lower federal judiciary.