Jury Selection

In communities across America, racial minorities are significantly underrepresented on criminal trial juries as a result of jury selection procedures that are racially biased and discriminatory. Although federal law prohibits excluding minorities from jury service, the law is difficult to enforce and leaves much to be done to confront this problem.

Diverse and representative juries that include racial minorities are critical to ensure fair criminal trials. The absence of diverse juries in criminal cases has serious consequences for the poor and people of color who must frequently overcome presumptions of guilt in communities where African Americans, Latinos, and other racial minorities are disfavored, stereotyped, and often demonized. Young black men are especially vulnerable to negative stereotypes that undermine their right to a fair trial.

EJI has challenged racial bias in jury selection through individual cases and class-action lawsuits. In Alabama, two dozen death penalty cases have been reversed after illegal racial discrimination in jury service was proved.

News

EJI Challenges Racial Bias in Jury Selection in Alabama Death Penalty Case

On Monday, October 20, 2008, EJI Director Bryan Stevenson will argue to a panel of the Eleventh Circuit Court of Appeals in Atlanta that Alabama death row prisoner Earl McGahee deserves a new trial because prosecutors eliminated jurors at his trial on the basis of race.

EJI Launches Project to Challenge Racial Bias in Jury Selection

The Equal Justice Initiative has recently undertaken a major effort to challenge racial bias in jury selection throughout the United States. In communities across America, racial minorities are significantly underrepresented on criminal trial juries as a result of jury selection procedures that are racially biased and discriminatory. Although federal law in this area is well-established, because of the inherently difficult task of proving exclusion of racial minorities from jury service, there is still much progress to be made in this area.
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