Racism in Jury Selection

The United States Supreme Court in Batson v Kentucky held that prosecutors cannot exclude potential jurors because of race. The law after that decision held that neither can the defense. Jurors cannot be excluded either because of gender or religion.

If a party demonstrates a pattern of exclusion in such categories the court should demand an explanation that is racially neutral. If that attorney can’t satisfactorily do that, the juror remains on the jury. Challenges can also be made that the jury panel is summons in violation of these Constitutional prohibitions.

Such a challenge can also be made to the Grand Jury.

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