The Sixth Amendment to the US Constitution guarantees an individual the right to a speedy and pubic trial by an impartial jury of their peers, but according to statistics, African Americans may have a harder time serving on these juries because of the color of their skin.
Dismissing a potential juror because of their race is illegal, but the statistics suggest it’s still happening. The practice of dismissing a juror based on race has been outlawed for more than 40 years, dating back when the practice was prohibited in the ruling Batson v. Kentucky. It seems to still be occurring though, and we take a closer look at the statistics in today’s blog on racial bias in jury selection.
Racial Bias And Jury Selection
The Innocence Project took a closer look at juror dismissal data and studies from across the US. Here’s what they found:
- Research conducted in Mississippi found that from 1992 to 2017, more than half of the jurors struck by judges were Black.
- In Louisiana, between 2009 and 2017, prosecutors used nearly 60% of their peremptory strikes against Black prospective jurors, even though Black residents made up roughly one-third of the eligible jury pool.
- A California study found that prosecutors struck Black potential jurors in nearly 75% of cases, compared with 0.4% for white potential jurors.
The Batson ruling has been in place for more than 40 years, but it doesn’t appear that the case is being applied as it should in the courtroom. A “public jury of one’s peers” should be a mix of men and women of all races, but it seems much more likely that you’ll be dismissed from jury duty if you’re Black. Maybe you secretly hope to be excused from jury duty, but that should happen the correct way, not because a lawyer or a prosecutor has a problem with someone’s skin color.
We analyze a number of factors when working to determine who would be right or potentially problematic for jury selection, and race certainly doesn’t factor into the equation in a negative way. We’ll also build an airtight defense that will put you in a favorable position no matter who is on the jury.
If you or someone you know is facing legal trouble, send them our way. We have decades of experience helping clients, and we want to be a resource for you in the event you’re charged with a crime. To get in contact with a lawyer, or to set up a free case evaluation, give our team a call today at (952) 224-2277.
