Can prosecutors exclude potential jurors if that person is black? A law called the Batson Challenge says no; in practice, the answer is yes. But the Supreme Court recently weighed in to say that prosecutors can’t blatantly eliminate all possible jurors of color in an effort to stack the jury pool. This is an issue with an ugly history in this country.
Our guests debate how juries are constructed, the Batson Challenge, and what the law should – and shouldn’t – say. In studio:
- Mark Foti, attorney with the Foti Law Firm
- Aaron Frazier, attorney with Harris Beach
- William Easton, partner with Easton Thompson Kasperek Shiffrin LLP
- Don Thompson, partner at Easton Thompson Kasperek Shiffrin LLP
