Shades of Guilt: Combating the Continuing Influence Upon Jury Selection of Racial Stereotyping in Post-Batson Trials

55 Pages Posted: 31 Jan 2015

See all articles by Harry M. Caldwell

Harry M. Caldwell

Pepperdine University - School of Law

Adrienne Hewitt

Independent

Date Written: 2014

Abstract

This Article addresses the role stereotypes, particularly racial stereotypes, play in the process of jury selection in criminal cases. This Article discusses the law that has evolved since Batson and uses empirical data to provide added insight into the exercise of peremptory challenges. Further, the authors consider how current scholarship in cognitive psychology reveals the influence of stereotypes on decision-making. In the final section, the authors offer practical approaches that both prosecutors and defense lawyers can use while making jury decisions

Keywords: jury selection, racial sterotyping, Batson, criminal trials, sterotypes, empirical data, peremptory challenge, race, voir dire

Suggested Citation

Caldwell, Harry M. and Hewitt, Adrienne, Shades of Guilt: Combating the Continuing Influence Upon Jury Selection of Racial Stereotyping in Post-Batson Trials (2014). American Journal of Trial Advocacy, Vol. 38, No. 67, 2014; Pepperdine University Legal Studies Research Paper No. 2015/1. Available at SSRN: https://ssrn.com/abstract=2557621

Harry M. Caldwell (Contact Author)

Pepperdine University - School of Law ( email )

24255 Pacific Coast Highway
Malibu, CA 90263
United States

Adrienne Hewitt

Independent

No Address Available

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