Abstract

http://ssrn.com/abstract=1294665
 
 

Citations (1)



 


 



Batson, O.J., and Snyder - Lessons from an Intersecting Trilogy


Camille Nelson


Suffolk University Law School

July 2008

Iowa Law Review, Vol. 93, No. 5, 2008
Saint Louis U. Legal Studies Research Paper No. 2008-11

Abstract:     
This Article will explore the case of Snyder v. Louisiana as an example of the low threshold established by some jurisdictions that apply the Batson test. By allowing for pretext and flimsy explanations from prosecutors, many courts have inoculated prosecutors from the rigorous potential of the Batson decision. Part I briefly reviews the landmark decision of Batson v. Kentucky to reveal the unrealized potential of this legal opinion. Part II explores Snyder and analyzes both the prosecutors' use of peremptory challenges to achieve an all-white jury as well as the repeated remarks of one prosecutor who invoked the racially polarizing O.J. Simpson case. Part III uses sociological theories of raced-based perception to examine the racial divisions prompted by the O.J. Simpson case. This subsection draws the connection between the likely manner in which an all-white jury would view the O.J. verdict and its relevance to establishing both discriminatory intent on the part of the prosecutors and the absence of neutral explanations for prosecutorial removal of all of the black jurors from Mr. Snyder's jury. In the conclusion, I suggest that the Supreme Court decision is under-theorized because it fails to address the larger issues of race and ethics so clearly at play in the case. I urge, instead, the adoption of a more critical and reality-based framework for the scrutiny of Batson challenges, or alternatively, the abolition of peremptory challenges with respect to capital murder cases.

Number of Pages in PDF File: 39

Accepted Paper Series


Download This Paper

Date posted: November 19, 2008  

Suggested Citation

Nelson, Camille, Batson, O.J., and Snyder - Lessons from an Intersecting Trilogy (July 2008). Iowa Law Review, Vol. 93, No. 5, 2008; Saint Louis U. Legal Studies Research Paper No. 2008-11. Available at SSRN: http://ssrn.com/abstract=1294665

Contact Information

Camille Nelson (Contact Author)
Suffolk University Law School ( email )
120 Tremont Street
Boston, MA 02108-4977
United States
Feedback to SSRN


Paper statistics
Abstract Views: 365
Downloads: 48
Citations:  1

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.390 seconds