Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (7)
- Cornell University Law School (6)
- Touro University Jacob D. Fuchsberg Law Center (5)
- Boston University School of Law (2)
- Duke Law (2)
-
- Fordham Law School (2)
- University of Arkansas at Little Rock William H. Bowen School of Law (2)
- University of Michigan Law School (2)
- American University Washington College of Law (1)
- BLR (1)
- Loyola University Chicago, School of Law (1)
- Marquette University Law School (1)
- Maurer School of Law: Indiana University (1)
- University of Florida Levin College of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of New Hampshire (1)
- University of Pittsburgh School of Law (1)
- University of Washington School of Law (1)
- Washington and Lee University School of Law (1)
- West Virginia University (1)
- William & Mary Law School (1)
- Publication Year
- Publication
-
- Cornell Law Faculty Publications (6)
- Touro Law Review (5)
- Faculty Scholarship (4)
- Sheri Lynn Johnson (4)
- Fordham Urban Law Journal (2)
-
- John H. Blume (2)
- University of Arkansas at Little Rock Law Review (2)
- American University Law Review (1)
- Articles (1)
- Elizabeth Dale (1)
- ExpressO (1)
- Faculty Publications & Other Works (1)
- Indiana Law Journal (1)
- Law Faculty Scholarship (1)
- Marquette Benefits and Social Welfare Law Review (1)
- Michigan Law Review (1)
- Popular Media (1)
- Supreme Court Case Files (1)
- UF Law Faculty Publications (1)
- University of Maryland Law Journal of Race, Religion, Gender and Class (1)
- University of Michigan Journal of Law Reform (1)
- Washington Law Review (1)
- West Virginia Law Review (1)
- Publication Type
Articles 1 - 30 of 41
Full-Text Articles in Law
Racial Discrimination In Jury Selection: The Urgent Need For Sixth Amendment Protections For Black Capital Defendants, Claire Austin
Racial Discrimination In Jury Selection: The Urgent Need For Sixth Amendment Protections For Black Capital Defendants, Claire Austin
Marquette Benefits and Social Welfare Law Review
In the U.S., death row is made up of a disproportionate number of black persons. In capital trials, black defendants often face all white juries. The deep-rooted racial discrimination in the justice system impacts jury selection because prosecutors use peremptory strikes to remove black jurors from the jury panel. As the law stands today, the Sixth Amendment guarantee of an impartial jury made up of a fair representation of the jury applies only to the pool of jurors called in for jury service, not those who are actually selected to hear the case.
This comment analyzes the Supreme Court decision, …
Overcoming The Peremptory's Greatest Challenge, Brian A. Wilson
Overcoming The Peremptory's Greatest Challenge, Brian A. Wilson
Faculty Scholarship
Four decades after the Supreme Judicial Court ("SJC") first proscribed certain group-based peremptory challenges, eradicating unlawful discrimination in jury selection has gained renewed interest. Yet so long as Massachusetts retains the inherently flawed three-step "Batson-Soares" test, lawyers seeking to exclude jurors for impermissible reasons will proceed virtually undeterred.
The solution is not to abolish peremptory challenges, as Arizona did in 2022. When exercised lawfully, they enable litigants to remove jurors they legitimately perceive as biased where a challenge for cause, due to its narrow scope, legally cannot. Eliminating peremptories would provide the parties little opportunity to influence who decides the …
The Imagined Juror: How Hypothetical Juries Influence Federal Prosecutors (Book Review), Jeffrey Bellin
The Imagined Juror: How Hypothetical Juries Influence Federal Prosecutors (Book Review), Jeffrey Bellin
Popular Media
No abstract provided.
White Vigilantism And The Racism Of Race-Neutrality, Christian Sundquist
White Vigilantism And The Racism Of Race-Neutrality, Christian Sundquist
Articles
Race-neutrality has long been touted in American law as central to promoting racial equality while guarding against race-based discrimination. And yet the legal doctrine of race-neutrality has perversely operated to shield claims of racial discrimination from judicial review while protecting discriminators from liability and punishment. This Article critiques the doctrine of race-neutrality by examining the law’s response to white vigilantism in the much-publicized criminal trials of Kyle Rittenhouse and that of Ahmaud Arbery’s assailants.
Benevolent Exclusion, Anna Offit
Benevolent Exclusion, Anna Offit
Washington Law Review
The American jury system holds the promise of bringing common sense ideas about justice to the enforcement of the law. But its democratizing effect cannot be realized if a segment of the population faces systematic exclusion based on income or wealth. The problem of unequal access to jury service based on socio-economic disparities is a longstanding yet under-studied problem—and one which the uneven fallout of the COVID-19 pandemic only exacerbated. Like race- and sex-based jury discrimination during the peremptory challenge phase of jury selection, the routine dismissal of citizens who face economic hardship excludes not only people but also the …
Criminal Law—The Call For An Adequate Remedy: The Lack Of Deterrence And Judicial Consequences For Prosecutors Who Habitually Violate Batson, Altimease Lowe
Criminal Law—The Call For An Adequate Remedy: The Lack Of Deterrence And Judicial Consequences For Prosecutors Who Habitually Violate Batson, Altimease Lowe
University of Arkansas at Little Rock Law Review
No abstract provided.
The Criminal Law Docket: A Term Of Modest Changes, Alan Raphael
The Criminal Law Docket: A Term Of Modest Changes, Alan Raphael
Faculty Publications & Other Works
No abstract provided.
The Inability To Self-Diagnose Bias, Christopher Robertson
The Inability To Self-Diagnose Bias, Christopher Robertson
Faculty Scholarship
The Constitution guarantees litigants an 'impartial' jury, one that bases its judgment on the evidence presented in the courtroom, untainted by affiliations with the parties, racial animus, or media coverage that may include inadmissible facts, a one-sided portrayal, and naked opinion. Problems of juror bias arise in almost every trial – state and federal, civil and criminal - and the problem is most severe in the highest profile cases, where the need for accuracy and legitimacy in outcomes is most salient.
The Supreme Court has instructed courts to use a simple method to determine whether jurors are biased: ask them. …
An Analysis Of The Legal And Practical Implications Of The Potential Increased Participation In Jury Service By Racial Minorities In The U.S. Criminal Justice System, Brian Keith Leonard
An Analysis Of The Legal And Practical Implications Of The Potential Increased Participation In Jury Service By Racial Minorities In The U.S. Criminal Justice System, Brian Keith Leonard
West Virginia Law Review
No abstract provided.
Batson Ethics For Prosecutors And Trial Court Judges, Sheri Lynn Johnson
Batson Ethics For Prosecutors And Trial Court Judges, Sheri Lynn Johnson
Sheri Lynn Johnson
No abstract provided.
Black Innocence And The White Jury, Sheri Johnson
Black Innocence And The White Jury, Sheri Johnson
Sheri Lynn Johnson
Racial prejudice has come under increasingly close scrutiny during the past thirty years, yet its influence on the decisionmaking of criminal juries remains largely hidden from judicial and critical examination. In this Article, Professor Johnson takes a close look at this neglected area. She first sets forth a large body of social science research that reveals a widespread tendency among whites to convict black defendants in instances in which white defendants would be acquitted. Next, she argues that none of the existing techniques for eliminating the influence of racial bias on criminal trials adequately protects minority-race defendants. She contends that …
The Langugage And Culture (Not To Say Race) Of Peremptory Challenges, Sheri Lynn Johnson
The Langugage And Culture (Not To Say Race) Of Peremptory Challenges, Sheri Lynn Johnson
Sheri Lynn Johnson
No abstract provided.
The Color Of Truth: Race And The Assessment Of Credibility, Sheri Lynn Johnson
The Color Of Truth: Race And The Assessment Of Credibility, Sheri Lynn Johnson
Sheri Lynn Johnson
No abstract provided.
Batson: Then And Now, Part I, John H. Blume, Elizabeth Piliavin
Batson: Then And Now, Part I, John H. Blume, Elizabeth Piliavin
John H. Blume
No abstract provided.
Batson: Then And Now, Part Ii, John H. Blume, Elizabeth Piliavin
Batson: Then And Now, Part Ii, John H. Blume, Elizabeth Piliavin
John H. Blume
No abstract provided.
People V. Coughlin And Criticisms Of The Criminal Jury In Late Nineteenth-Century Chicago, Elizabeth Dale
People V. Coughlin And Criticisms Of The Criminal Jury In Late Nineteenth-Century Chicago, Elizabeth Dale
Elizabeth Dale
The last decades of the nineteenth century and the first decades of the twentieth century are typically characterized as the era in which the criminal jury trial came to an end. Although criminal juries did not completely disappear, their role became smaller and smaller across that time frame. Most studies of this phenomenon attribute that decline to the rise of plea bargains in that same period. Specifically, these studies lead to the conclusion that institutional factors, such as case loads and the political pressure on elected prosecutors to be "tough on crime," made plea bargains an increasingly attractive option for …
An Analysis Of Death Penalty Decisions From The October 2006 Supreme Court Term, Richard Klein
An Analysis Of Death Penalty Decisions From The October 2006 Supreme Court Term, Richard Klein
Touro Law Review
No abstract provided.
An Analysis Of The Death Penalty Jurisprudence Of The October 2007 Supreme Court Term, Richard Klein
An Analysis Of The Death Penalty Jurisprudence Of The October 2007 Supreme Court Term, Richard Klein
Touro Law Review
No abstract provided.
Reaching Batson's Challenge Twenty-Five Years Later: Eliminating The Peremptory Challenge And Loosening The Challenge For Cause Standard, Matt Haven
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Canadian Criminal Jury, Neil Vidmar, Regina Schuller
The Canadian Criminal Jury, Neil Vidmar, Regina Schuller
Faculty Scholarship
The Canadian criminal jury system has some unique characteristics. In contrast to American law, that gives precedent to free speech over fair trial, and English law, that favors fair trial over free speech, Canadian law occupies a middle ground balancing these competing values .Jury selection procedure in most trials is similar to that of England: jurors are assumed to be “impartial between the Queen and the accused” and are selected without a voir dire. However, in cases involving exceptional pretrial publicity or involving accused persons from racial or ethnic minority groups, jurors are vetted by a “challenge for cause” process …
Modeling The Effects Of Peremptory Challenges On Jury Selection And Jury Verdicts, Roger Allen Ford
Modeling The Effects Of Peremptory Challenges On Jury Selection And Jury Verdicts, Roger Allen Ford
Law Faculty Scholarship
Although proponents argue that peremptory challenges make juries more impartial by eliminating “extreme” jurors, studies testing this theory are rare and inconclusive. For this article, two formal models of jury selection are constructed, and various selection procedures are tested, assuming that attorneys act rationally rather than discriminate based on animus. The models demonstrate that even when used rationally, peremptory challenges can distort jury decision making and undermine verdict reliability. Peremptory challenges systematically shift jurors toward the majority view of the population by favoring median jurors over extreme jurors. If the population of potential jurors is skewed in favor of conviction …
People V. Coughlin And Criticisms Of The Criminal Jury In Late Nineteenth-Century Chicago, Elizabeth Dale
People V. Coughlin And Criticisms Of The Criminal Jury In Late Nineteenth-Century Chicago, Elizabeth Dale
UF Law Faculty Publications
The last decades of the nineteenth century and the first decades of the twentieth century are typically characterized as the era in which the criminal jury trial came to an end. Although criminal juries did not completely disappear, their role became smaller and smaller across that time frame. Most studies of this phenomenon attribute that decline to the rise of plea bargains in that same period. Specifically, these studies lead to the conclusion that institutional factors, such as case loads and the political pressure on elected prosecutors to be "tough on crime," made plea bargains an increasingly attractive option for …
The Z-Test For Percentages: A Statistical Tool To Detect Pretextually Neutral Juror Challenges, Marvin L. Longabaugh
The Z-Test For Percentages: A Statistical Tool To Detect Pretextually Neutral Juror Challenges, Marvin L. Longabaugh
ExpressO
In the article, I discuss the potential use of public opinion polls to measure the discriminatory effect of certain questions in jury selection. While the laws surrounding race and gender based jury selection are known to most lawyers, there has been little scrutiny on questions that might be posed to potential jurors that are facially neutral, yet have a discriminatory impact. This article examines a number of such questions and offers a statistical test to determine whether a proposed question has, in fact, a 98% certainty of having a discriminatory effect if relied upon in jury selection.
Trial By Jury Involving Persons Accused Of Terrorism Or Supporting Terrorism, Neil Vidmar
Trial By Jury Involving Persons Accused Of Terrorism Or Supporting Terrorism, Neil Vidmar
Faculty Scholarship
This chapter explores issues in jury trials involving persons accused of committing acts of international terrorism or financially or otherwise supporting those who do or may commit such acts. The jury is a unique institution that draws upon laypersons to decide whether a person charged with a crime is guilty or innocent. Although the jury is instructed and guided by a trial judge and procedural rules shape what the jury is allowed to hear, ultimately the laypersons deliberate alone and render their verdict. A basic principle of the jury system is that at the start of trial the jurors should …
Death Qualification And True Bifurcation: Building On The Massachusetts Governor's Council's Work, Sam Kamin, Jeffrey J. Pokorak
Death Qualification And True Bifurcation: Building On The Massachusetts Governor's Council's Work, Sam Kamin, Jeffrey J. Pokorak
Indiana Law Journal
No abstract provided.
A Process Right Due? Examining Whether A Capital Defendant Has A Due Process Right To A Jury Selection Expert, Steven C. Serio
A Process Right Due? Examining Whether A Capital Defendant Has A Due Process Right To A Jury Selection Expert, Steven C. Serio
American University Law Review
No abstract provided.
Batson: Then And Now, Part Ii, John H. Blume, Elizabeth Piliavin
Batson: Then And Now, Part Ii, John H. Blume, Elizabeth Piliavin
Cornell Law Faculty Publications
No abstract provided.
Batson: Then And Now, Part I, John H. Blume, Elizabeth Piliavin
Batson: Then And Now, Part I, John H. Blume, Elizabeth Piliavin
Cornell Law Faculty Publications
No abstract provided.
Batson Ethics For Prosecutors And Trial Court Judges, Sheri Lynn Johnson
Batson Ethics For Prosecutors And Trial Court Judges, Sheri Lynn Johnson
Cornell Law Faculty Publications
No abstract provided.
The Color Of Truth: Race And The Assessment Of Credibility, Sheri Lynn Johnson
The Color Of Truth: Race And The Assessment Of Credibility, Sheri Lynn Johnson
Cornell Law Faculty Publications
No abstract provided.