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22. If the executive director is convicted of trespass by an all-white jury and appeals, claiming a violation of her constitutional rights, the court should
An executive director of an equal housing opportunity organization was the leader of a sit-in at the offices of a real estate management company. The protest was designed to call attention to the company's racially discriminatory rental practices. When police demanded that the executive director desist from trespassing on the company's property, she refused and was arrested. In the executive director's trial for trespass, the prosecution peremptorily excused all non-whites from the jury, arguing to the court that even though the executive director was white, minority groups would automatically support her because of her fight against racism in housing accommodations.
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A is incorrect. The executive director does not need to be a member of the discriminated class before she can complain of the violation. In Powers v. Ohio, 499 U.S. 400 (1991), the Supreme Court concluded that challenges to the racially-motivated use of peremptory challenges against jurors can be raised by any defendant, not just members of the protected class. Because the executive director was the one on trial, she has standing to challenge the racial discrimination in jury selection.
B is incorrect. This answer not only ignores the Supreme Court's ruling in Batson, but it also misstates the requirements of the Equal Protection Clause in jury selection.
D is incorrect. There is no constitutional right to have the final jury be a fair cross-section of the community. The Constitution only requires that the jury must be drawn from a fair-cross section of the community. The pool of potential jurors need not be a perfect match to the cross-section of the community, either. However, the striking of potential jurors on the basis of their race is a clear violation of the Equal Protection Clause under Batson.