Peters v. Kiff

Summary

Justice Burger, dissenting, argues that the illegal exclusion of Negroes from juries does not automatically invalidate a conviction absent a showing of actual prejudice, and therefore the conviction should be upheld. He contends that the statutory prohibition in 18 U.S.C. §243 does not create a private right to overturn a conviction when the defendant failed to raise the issue at trial. The dissent notes that the record shows no prejudice to the petitioner, a white defendant, and that the majority’s approach is too expansive.