The outcome of the case however appears to suggest that the jury was
             selected unfairly, and not being represented by any member of the jury in
             terms of race, the defendant was found guilty on both charges. Upon
             referring the case to the Supreme Court, the case of Swain v. Alabama was
             cited in order to argue against the discriminatory practices used by the
             prosecution. Certain principles for the equal protection of charged
             defendants were established as a result of this case.
             The first principle is for example that members of a specific race
             will not be excluded from the jury purely on the grounds of race, nor on
             the assumption that such persons will be able to impartially determine a
             finding for or against the defendant. This principle is also applicable to
             the use of peremptory challenges during the selection of the petit jury
             itself. According to this principle, therefore, the judgment in the Batson
             It is also determined that a claim of discriminatory practices by the
             prosecution should be substantiated by proof that the prosecution has been
             systematically discriminatory with regard to jury selection. When proof
             has been established, the burden moves to the State to provide evidence to
             the contrary, in terms of neutral grounds for challenging the excluded
             jurors. In the case of Batson then, discriminatory practices have
             obviously been unconstitutional, and the Supreme Court found in favor of
             This issue has been prominent in courtrooms for more than a century.
             ...