The Veiled Scales: Unraveling Racial Bias in Jury Selection and Sentencing

Historical Foundations of Racial Discrimination in Jury Selection

The roots of racial discrimination in jury selection stretch deep into American history. Despite the Civil Rights Act of 1875, which aimed to eliminate such biases, African Americans and other minorities have been systematically excluded from juries. This exclusion not only marginalized these communities but also compromised the integrity of the legal system. The Equal Justice Initiative (EJI) has documented numerous instances where racial bias tainted jury selection processes, leading to unrepresentative and unjust verdicts.

Mechanisms of Exclusion: Peremptory Challenges and Beyond

One prevalent method of excluding minority jurors is through peremptory challenges, which allow attorneys to dismiss potential jurors without stating a reason. Although the Supreme Court's decision in Batson v. Kentucky (1986) sought to curtail racially motivated peremptory strikes, evidence suggests that such practices persist. Prosecutors have been known to exploit these challenges to create predominantly white juries, especially in cases involving black defendants. This manipulation undermines the defendant's right to an impartial jury and perpetuates racial disparities in trial outcomes. ...Read More

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