Could Jesus Serve on a Jury - Not in the Third Circuit
This law review article details the history of religion-based peremptory challenge, by which lawyers can attempt to strike prospective jurors from the potential pool based on their religious beliefs. The reasoning behind such challenges speaks to Luther's theories and hierarchy of human and divine law.
Read the essay here:
Peremptory challenges are a cornerstone of American jurisprudence. Theoretically, peremptory challenges help secure a fair trial by allowing lawyers to exclude presumptively biased jurors based on intuition. In practice, they have been misused to exclude suspect classes from juries, including African-Americans.The past two decades have been a tumultuous time for the use of peremptory challenges in jury selection. Read more...