Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Foster V. Chatman And The Failings Of Batson, Patrick C. Brayer
Foster V. Chatman And The Failings Of Batson, Patrick C. Brayer
Faculty Works
When the Supreme Court delivered its ruling in Foster v Chatman, the court described the actions of the prosecutors as being “motivated in substantial part by race” when they struck two potential jurors from hearing the capital murder case against Timothy Foster. This phenomenon of open and explicit racial intolerance is unfortunately still in existence thirty years after Foster first went to trial. What the Court failed to acknowledge was how new attitudes of exclusion are less intentional today and more nuanced, implicit, and rationalized. Black defendant’s in 2016 face prosecutors who are less engaged in open discrimination but more …