Race-Based Peremptory Challenges: An Empirical Analysis of Litigation from the U.S. Court of Appeals, 2002–2006 |
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Authors: | Shaun L Gabbidon Leslie K Kowal Kareem L Jordan Jennifer L Roberts Nancy Vincenzi |
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Institution: | (1) Penn State Harrisburg, School of Public Affairs, 777 W. Harrisburg Pike, Middletown, PA 17057, USA;(2) Penn State Harrisburg, Middletown, PA, USA;(3) Department of Criminal Justice, Georgia State University, P.O. Box 4018, Atlanta, GA 30302, USA |
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Abstract: | This paper examines race-based peremptory challenges. Such challenges occur during the voir dire jury selection process. The process allows both the defense and the prosecution to strike jurors who they believe will not
decide cases fairly. However, in the case of Batson v. Kentucky 476 U.S. 79 (1986), the Supreme Court ruled that race could not be used as a factor in eliminating prospective jurors. This
paper examines federal litigation for five years in which it was alleged that race was used as a factor in removing a juror.
An examination of the cases revealed that most of the cases involved sole male litigants who allege that there were multiple
race-based peremptory challenges used in their cases. Moreover, most of the cases that led to the allegations involved violent
offenses. Other case characteristics are noted, but of most significance was the finding that most appellants lost their cases.
As such, the courts felt that most of the challenges were, in fact, race neutral. The implications of this research are discussed.
This study was funded by an undergraduate research grant from Penn State University. |
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Keywords: | Race-based peremptory challenges Black/African Americans U S Court of Appeals Jury selection Batson v Kentucky |
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