Exclusion of Blacks From Juries Raises Renewed Scrutiny
... In Louisiana’s Caddo Parish, where Shreveport is the parish seat, a study to be released Monday has found that prosecutors used peremptory challenges three times as often to strike black potential jurors as others during the last decade.
That is consistent with patterns researchers found earlier in Alabama, Louisiana and
North Carolina, where prosecutors struck black jurors at double or triple the rates of others.
In Georgia, prosecutors excluded every black prospective juror in a death penalty case against a black defendant, which the Supreme Court has agreed to review this fall.
“If you repeatedly see all-white juries convict African-Americans, what does that do to public confidence in the criminal justice system?” asked Elisabeth A. Semel, the director of the death penalty clinic at the law school at the University of California, Berkeley....
“Next to voting,” she said, “participating in a jury is perhaps the most important civil right.”
... Still, prosecutors here used peremptory strikes against 46 percent of the black potential jurors who remained, and against 15 percent of others. In 93 percent of trials, prosecutors struck a higher percentage of blacks than of others....
In a five-year period ending in 2010, according to a lawsuit, prosecutors in Houston and Henry Counties in Alabama used peremptory strikes to remove 82 percent of eligible black potential jurors from trials in which the death penalty was imposed....
In 2012, a state trial judge in
North Carolina found that prosecutors in his state had created a “cheat sheet” of race-neutral reasons to offer when challenged. Among the choices were “air of defiance,” “arms folded” and monosyllabic responses.
The judge, Gregory A. Weeks of Cumberland County Superior Court in Fayetteville, endorsed a study by law professors at Michigan State University examining the trials of the state’s death row inmates in 2010. It found that prosecutors had struck 53 percent of black potential jurors and 26 percent of others.
“The probability of this disparity occurring in a race-neutral jury selection process is less than one in 10 trillion,” Judge Weeks wrote....