Please show me how to write a response to an appeal of a defendant who was denied his due process rights to a fair trial under both 5th and 14th amendments. This was a hate crime. Defendant is...
- Please show me how to write a response to an appeal of a defendant who was denied his due process rights to a fair trial under both 5th and 14th amendments. This was a hate crime. Defendant is convicted by jury. Basis of appeal is trial judge would not defense to seek information about a potential juror during jury selection, but allowed prosecutor to strike a potential good juror because of his appearance.
The basis of your response in my opinion is that both the Fifth and Fourteenth Amendments have an equal protection clause within them. I'm not sure if you are writing the appeal or if the defendant has written his appeal and you must respond to his appeal with the response. The first line of your question says it must be the response to his appeal and yet it also says he was denied his rights. Therefore, despite my confusion, I will try to do a response to his appeal which you can use.
Depending on what the appeal of the defendant says, that the juror selection was not equally applied thus violating the equal protection clauses in the cited amendments, I think you must base your reply in the hate crime aspect of the trial and that appearance or clothing can be an indicator of a juror's beliefs. If, for example, the juror was wearing a shirt indicating a belief in Hitler's ideas or the ideals of the many hate groups which exist in the United States, about which The Southern Poverty Law group could supply information to you, the deletion of that juror would be permissible as this is a hate crime trial. Seeking information about a juror just as a fishing expedition is usually limited unless there is a specific reason or cause to strike the juror. Beyond that, looking at what the hate crime involved, I believe that hate crimes are handled with great care because of their very nature being against what the United States stands for as a country of human rights. See if you can find cases which set precedent in hate crimes which can help you write your response.
Since I work with prisoners in crisis as a volunteer and not having a law degree, I hope this helps you. You may need a lawyer's opinion to help you with this answer.