Confronting Racial Bias in Jury Selection

Representative juries are essential to reliable, fair, and accurate trials. As the Supreme Court has repeatedly recognized, an “[e]qual opportunity to participate in the fair administration of justice is fundamental to our democratic system.” Yet, in too many communities, Black people and people of color are significantly underrepresented in the jury pools from which jurors are selected or are removed from juries unfairly.

Unrepresentative juries not only marginalize and exclude communities of color, but produce wrongful convictions and unfair sentences that disproportionately burden Black people and people of color. This presentation will discuss the importance of representative juries, examine our country’s history of racial bias in jury selection and identify strategies for confronting racial bias and eliminating illegal racial discrimination in jury selection.

Topics covered include:

Constitutional Law Law Practice Trial Skills

Agenda:

Introduction

Background and Overview of EJI's Work
Introductory Video

History of Discrimination

Emergence of Mythology That Black People Are Inferior to Justify Enslavement
Progress Towards Racial Equality During Reconstitution
End of Reconstruction and How the United States Supreme Court Undermined Progress Towards Racial Equality
White Resistance to Racial Equality
Segregation in America and Subsequent Intervention by the Supreme Court to Address Race Discrimination in Jury Selection
Presumption of Guilt

Why Representative Juries Matter

Opportunity for Community Perspective to Impact Case
Indispensable to Fair and Accurate Trials
Instill Confidence in the Legal System

Black People and People of Color Are Still Excluded at Every Step of Jury Selection Process

Creation of Jury Pools
Juror Qualification
Removal of Jurors "for Cause"
Peremptory strikes

Recommendations for Eliminating Racial Bias in Jury System

Commit to Fully Representative Juries
Remove Procedural Barriers to Reviewing Claims of Racial Bials
Create Accountability
Reform the Use of Peremptory Strikes

Duration of this webinar: 60 minutes

Originally broadcast: April 03, 2024 10:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction and Speaker Background

Angie Setzer, a senior attorney at the Equal Justice Initiative, is introduced as the speaker, focusing on racial bias in jury selection in today's presentation. Angie provides background on EJI, emphasizing its role in addressing racial bias and representing individuals facing severe legal consequences. EJI's investigation into jury selection in the South revealed significant racial bias, particularly in the removal of African-American jurors. The findings from EJI's report have been cited by courts and advocates, highlighting the pervasive racial bias in the criminal legal system.

05:42 History of Racial Bias in Jury Selection

Angie discusses the updated report from 2021, which expands the research on racial bias in jury selection across the country. The report examines the exclusion of jurors of color at various stages of the jury selection process and the difficulty in remedying this issue. Angie emphasizes the importance of representative juries for fair trials. She discusses the historical context of racial bias in jury selection. Despite legal advancements during Reconstruction, racial terror and violence persisted, undermining progress towards racial equality.

18:27 Why Do Representative Juries Matter?

The presumption of guilt and implicit bias against people of color contribute to wrongful convictions and unfair sentences. Representative juries are crucial for fair trials, as they engage in more thoughtful deliberations and reduce racial disparities in sentencing. Studies show that racially representative juries are less likely to impose harsh sentences, particularly in cases involving Black defendants. The lack of diversity among judges, prosecutors, and law enforcement further exacerbates the issue of racial bias in jury selection.

29:59 Barriers to Representative Juries

Angie discusses the parts of the jury selection process where Black people and people of color continue to be wrongly excluded from juries and jury pools. She brings up cross section challenges under the Sixth Amendment. The absolute disparity test used by courts often fails to capture the true extent of underrepresentation of minority groups. Systematic practices contributing to underrepresentation are difficult to challenge, as courts often do not recognize them as such. Challenges for cause and peremptory strikes are used disproportionately against jurors of color, furthering racial bias in jury selection. The Batson framework is inadequate in addressing racial bias, as it allows for pretextual reasons to remove jurors based on race.

47:07 Recommendations for Reform

Angie discusses accountability for lawyers, courts, and others involved in the jury selection process. Angie discusses the barriers faced by defense lawyers in challenging racial bias, including lack of resources and access to jury information. Courts are largely indifferent to racial bias in jury selection, often refusing to enforce Batson violations. Procedural barriers prevent effective review of claims of racial bias, leading to wrongful convictions and executions. Angie emphasizes the need for reform, including reforming the use of peremptory strikes and creating accountability for discriminatory practices.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.00 Implicit Bias

Earn Credit Until: April 2, 2026

South Carolina CLE

Status: Approved

Credits: 1.00 General

Difficulty: All Levels

Earn Credit Until: December 31, 2025

North Carolina CLE

Status: Approved

Credits: 1.00 Ethics

Earn Credit Until: February 28, 2026

Texas CLE

Status: Approved

Credits: 1.00 Legal Ethics/Professional Responsibility

Earn Credit Until: March 31, 2026

This presentation is approved for one hour of Implicit Bias CLE credit in California, one hour of General CLE credit in South Carolina (all levels), and one hour of Ethics CLE credit in North Carolina. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours, of which 1.00 credit hours will apply to Legal Ethics/Professional Responsibility credit.

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Speaker

Angie Setzer Senior Attorney
Equal Justice Initiative

Angie Setzer is a Senior Attorney at the Equal Justice Initiative where she has been representing people on death row and children prosecuted as adults for over 20 years. She coordinates EJI’s capital cases, provides expertise and training to lawyers throughout the country handling death penalty cases, and is a leading researcher and writer for reports on criminal legal issues. She joined EJI after graduating from the University of Michigan Law School in 1999.

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