Amicus Brief in Peña Rodriguez v. Colorado

36 Pages Posted: 14 Mar 2017

Date Written: June 30, 2016


This United States Supreme Court brief for Amici Curiae Professors of Law supports the Petitioner’s claim that the Sixth Amendment compels an exception to the evidentiary bar to impeachment by juror testimony when there are allegations that jurors made racially biased statements during deliberations. The brief argues that the paramount constitutional concern with racial or ethnic discrimination against criminal defendants should override Rule 606(b), that juror testimony provides the only mechanism to expose such prejudice, that a narrow exception for explicit racial bias would not impose a weighty administrative burden, and that policy concerns with the integrity of jury deliberations are best served by exposing discriminatory animus.

Suggested Citation

Griffin, Lisa Kern, Amicus Brief in Peña Rodriguez v. Colorado (June 30, 2016). Duke Law School Public Law & Legal Theory Series No. 2017-30. Available at SSRN: or

Lisa Kern Griffin (Contact Author)

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

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