Research Project

In 1986, landmark United States Supreme Court case Batson v. Kentucky highlighted the problematic nature of the American peremptory challenge: if attorneys are allowed to remove jurors without cause, attorneys may still discriminate on the basis of race to achieve a favorable verdict at trial at the expense of non-white defendants. Only rough 2% of cases nationwide will make it to trial. Throughout this project, I examine the racist and racial weaponization of peremptory challenges in cases with non-white defendants which do beat the slim odds of heading to trial. I also study the states pursuing Batson reforms to combat racism in jury selection, looking at their history with peremptory challenges and their racial demographics both inside and outside correctional facilities. Later, I will examine Arizona’s decision in 2021 to fully eliminate peremptory challenges — a rather bold and trailblazing step in jury selection process reform — and compare the effectiveness between Arizona and other states, including New Jersey. Through these examinations, I hope to learn what, if anything, is at stake for the non-white defendants in those states and the country at large.