This annotated bibliography attempts to provide an overview of the evolution of legislation and caselaw that relates to the use of peremptory challenges as a form for discrimination in the administration of justice. During the last century, blacks were often the victims of discrimination in the jury selection process, but in 1880, the Supreme Court struck down a state statute that denied blacks the right to sit for jury service with its ruling in Stauder v. West Virginia. The Court held that based on the 14th Amendment, it was unconstitutional to try a black defendant before a jury that had excluded all blacks solely because of their race.
After this ruling by the Court, prosecutors found a new way to exclude blacks from jury service by the use of peremptory challenges. Prosecutors began to abuse peremptory challenges purposely to exclude blacks from jury service. It was not until Swain v. Alabam