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: