The Batson Doctrine: The Supreme Court’s Utter Failure to Meet the Challenge of Discrimination in Jury Selection
DePaul University - College of Law
Wisconsin Law Review, Vol. 1999, p. 501, 1999
DePaul Legal Studies Research Paper No. 2012-04
This article concludes that the Supreme Court has effectively removed the trial jury from discussion of any remedies available to litigants because of race, gender or any other form of cognizable discrimination. The Court’s adoption of the toothless “neutral explanation” prong of the Batson v. Kentucky test has fundamentally destroyed Batson’s potential to seriously address discrimination in jury selection.
Number of Pages in PDF File: 54
Keywords: Batson, neutral explanation, discriminationAccepted Paper Series
Date posted: February 18, 2012 ; Last revised: June 22, 2012
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