07-11-2021, 10:08 AM
By JACQUES BILLEAUD
November 6, 2021
The long-standing practice of allowing attorneys to dismiss prospective jurors without giving a reason has come under intense criticism after a nearly all-white jury was picked to decide whether three white men are guilty of murder for shooting and killing Ahmaud Arbery, a Black man who was jogging though a neighborhood in Georgia.
The selection of 11 white jurors and one Black man to decide the fate of the three defendants has drawn complaints from prosecutors and the victim’s family that jury selection process was blatantly unfair.
Even the judge in the case agreed with prosecutors that the exclusion of Black potential jurors looked like intentional discrimination. Still, the judge said he had limited authority to intervene after defense attorneys gave reasons that were not about race for cutting jurors.
The trial has brought new attention to a debate and growing movement around the U.S. to do away “peremptory challenges,” which allow lawyers to summarily dismiss jurors. Critics say the practice is fraught with biases and creates racially imbalanced juries that make it harder to bring equal justice.
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While the elimination of peremptory challenges will help prevent racial disparities in trials, Feinman said the move also carries a drawback: It will make it harder to keep people who are hiding their biases — such as a strong support for law enforcement — off a jury.
“It’s a double-edged sword,” Feinman said.
https://apnews.com/article/ahmaud-arbery...50e8b99f01
November 6, 2021
The long-standing practice of allowing attorneys to dismiss prospective jurors without giving a reason has come under intense criticism after a nearly all-white jury was picked to decide whether three white men are guilty of murder for shooting and killing Ahmaud Arbery, a Black man who was jogging though a neighborhood in Georgia.
The selection of 11 white jurors and one Black man to decide the fate of the three defendants has drawn complaints from prosecutors and the victim’s family that jury selection process was blatantly unfair.
Even the judge in the case agreed with prosecutors that the exclusion of Black potential jurors looked like intentional discrimination. Still, the judge said he had limited authority to intervene after defense attorneys gave reasons that were not about race for cutting jurors.
The trial has brought new attention to a debate and growing movement around the U.S. to do away “peremptory challenges,” which allow lawyers to summarily dismiss jurors. Critics say the practice is fraught with biases and creates racially imbalanced juries that make it harder to bring equal justice.
......
While the elimination of peremptory challenges will help prevent racial disparities in trials, Feinman said the move also carries a drawback: It will make it harder to keep people who are hiding their biases — such as a strong support for law enforcement — off a jury.
“It’s a double-edged sword,” Feinman said.
https://apnews.com/article/ahmaud-arbery...50e8b99f01