Students are often surprised when I tell them how juries are selected in the United States. Once they fully grasp the idea of peremptory challenges, the inevitable question is can these challenges be used to exclude someone because of race. The answer, according to the United States Supreme Court in
Batson v. Kentucky is absolutely not, but proving racial discrimination during jury selection is another matter. Despite what looked like a recent Supreme Court decision affirming
Batson, my former employer the American Civil Liberties Union
recently posted to their blog an article explaining how race still plays a significant role in jury selection despite these Supreme Court rulings. It is well worth a read.
