Ending race discrimination in jury selection: whose right is it, anyway?

Article Abstract:

Recent cases following Batson v Kentucky have advanced the jurisprudence of race discrimination in jury selection by focusing on the rights of the excluded jurors rather than on rights of the criminal defendant. Standing was granted to assert the rights of excluded jurors to civil litigants in Edmonson v Leesville Concrete Co and to criminal defendants of any race in Powers v Ohio; standing should also be granted to prosecutors. This does not mean that peremptory challenges should be eliminated, as they still perform a valuable function in protecting against juror bias.

Jury selection, Discrimination in justice administration, Justice discrimination

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The effect of assumptions about racial bias on the analysis of Batson's three harms and the peremptory challenge

Article Abstract:

Assumptions about racial bias affect the debate over the relative importance of the three harms that result from discriminatory use of the peremptory challenge. The three harms are harm to the defendant or litigant, to the juror who has been excluded, and to the community or justice system. Eliminating, rather than restricting, use of the peremptory challenge may be the best way to resolve the issue and increase minority representation on juries, thereby addressing each of the three harms.

United States, Discrimination in criminal justice administration, Criminal justice discrimination, Peremptory challenges

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