Here's an editorial highlighting a recently released study which claims that race is still being used to strike people from juries despite the practice being declared to be a violation of the right to a fair trial in Batson v. Kentucky in 1986.
This applies to 2301 in both our civil liberties and civil rights sections. It's a civil liberties issue because the right to an impartial jury is meant to ensure that government cannot use its power in an arbitrary fashion and make convictions against certain individuals, or groups of individuals more or less likely. It's a civil rights issue because prosecutors in certain states are accused of using it specifically against defendant on the basis of race. The assumption is that a conviction against an African-American defendant is more likely if there are no African-American on the jury.
Relevant Links:
- Batson v. Kentucky.
- The Study: Illegal Racial Discrimination in Jury Trials.
- Peremptory Challenges.
