A North Carolina court finally takes seriously racial discrimination in selection of jurors in capital cases, as it interprets the Racial Justice Act for the first time. This is a big deal. The court takes seriously robust social science and statistics that showing how race predicted whether prosecutors chose to exercise preemptory strikes of jurors during voir dire. In other words, the prosecutors were striking black jurors not for any other reason but their race in order to increase the chances of a death sentence. Use of social science to challenge racial discrimination in the criminal justice system continues to be an uphill battle, and this law and the ruling represent a small step in a positive direction to address just one of the many intentional and structural disparities in American justice.
This type of law needs to be applied to other contexts in the justice system, perhaps more on the front end.
Check out the announcement and comments by Bryan Stevenson on the EJI site
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