22 May 2017

Juries and Racial Bias

The justice system itself is not immune to racism, so one would think that racism is also a problem when it comes to juries. But what legal impact does alleged racial bias on the part of jurors have on the outcome of a case? The U.S. Supreme Court recently answered this question by saying such bias potentially violates the constitutional rights of criminal defendants.

The real question before the Court involved the general rule that jury deliberations are confidential. But in this case a majority of the Supreme Court ruled that charges of racial bias might open the door to break this confidentiality rule. Writing for the majority, Justice Kennedy said "A constitutional rule that racial bias in the justice system must be addressed — including, in some instances, after the verdict has been entered — is necessary to prevent a systemic loss of confidence in jury verdicts."