Document Type
Article
Publication Date
6-28-2021
ISSN
0524-1111
Publisher
Boston Bar Association
Language
en-US
Abstract
As the American trial by jury system approaches its 400th year, unlawful discrimination in the selection of jurors remains a pressing issue. The peremptory challenge process – by which a party may object to the seating of a juror for virtually any reason without having to explain its motivation – has faced increasing scrutiny in the criminal trial context. Though not constitutionally guaranteed, the peremptory challenge has been hailed as having an “important role in assuring the constitutional right to a fair and impartial jury,” enabling a defendant to eliminate prospective jurors “whom he perceives to be prejudiced against him” or who may be “harboring subtle biases.”[1] It has simultaneously been criticized as a means by which prosecutors and defense attorneys engage in racial discrimination with virtual impunity, be it purposeful or motivated by implicit bias.
Recommended Citation
Brian A. Wilson,
Rethinking Batson-Soares
,
in
65
Boston Bar Journal
30
(2021).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/3813
