Quantifying disparate questioning of Black and White jurors in capital jury selection


Next in Law

Research has found under-representation of female and Black jurors in criminal cases, especially when death penalty is sought.
Hiring and removing jurors through peremptory challenges has been contributing to this disparity.
The Supreme Court ruled more than 30 years ago that using such challenges in a racially (or gender based) discriminatory manner violates equal protection laws.
Enforcement of these laws has been inconsistent, but recently the court has used evidence of “disparate questioning” between Black and White venire persons to make rulings.

Image courtesy of interviewee. November 24, 2023

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