The Batson Doctrine: The Supreme Court’s Utter Failure to Meet the Challenge of Discrimination in Jury Selection

Cavise, Leonard

Abstract

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The Batson Doctrine: The Supreme Court’s Utter Failure to Meet the Challenge of Discrimination in Jury Selection

Leonard Cavise

DePaul University - College of Law

1999

Wisconsin Law Review, Vol. 1999, p. 501, 1999
DePaul Legal Studies Research Paper No. 2012-04

Abstract:
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, discrimination

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Date posted: February 18, 2012 ; Last revised: June 22, 2012

Suggested Citation

Cavise, Leonard, The Batson Doctrine: The Supreme Court’s Utter Failure to Meet the Challenge of Discrimination in Jury Selection (1999). Wisconsin Law Review, Vol. 1999, p. 501, 1999; DePaul Legal Studies Research Paper No. 2012-04. Available at SSRN: http://ssrn.com/abstract=2006035

Contact Information

Leonard Cavise (Contact Author)

DePaul University - College of Law ( email )

25 E. Jackson Blvd.
Chicago, IL Cook County 60604-2287
United States