ARTICLE: IF IT WALKS LIKE SYSTEMATIC EXCLUSION AND QUACKS LIKE SYSTEMATIC EXCLUSION: FOLLOW-UP ON REMOVAL OF WOMEN AND AFRICAN-AMERICANS IN JURY SELECTION IN SOUTH CAROLINA CAPITAL CASES, 1997-2014 Skip over navigation
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Copyright (c) 2017 South Carolina Law Review
South Carolina Law Review

ARTICLE: IF IT WALKS LIKE SYSTEMATIC EXCLUSION AND QUACKS LIKE SYSTEMATIC EXCLUSION: FOLLOW-UP ON REMOVAL OF WOMEN AND AFRICAN-AMERICANS IN JURY SELECTION IN SOUTH CAROLINA CAPITAL CASES, 1997-2014

Spring, 2017

South Carolina Law Review

68 S.C. L. Rev. 373

Author

Ann M. Eisenberg, * Amelia Courtney Hritz, ** Caisa Elizabeth Royer *** & Jonn H. Blume ****

Excerpt

I. INTRODUCTION

This Article builds on an earlier study analyzing bases and rates of removal of women and African-American jurors in a set of South Carolina capital cases decided between 1997 and 2012. 1 We examine and assess additional data from new perspectives in order to establish a more robust, statistically strengthened response to the original research question: whether, and if so, why, prospective women and African-American jurors were disproportionately removed in different stages of jury selection in a set of South Carolina capital cases.

The Supreme Court's 2016 decision in Foster v. Chatman 2 brought Batson v. Kentucky 3 and its progeny back onto the national stage. In the 1986 Batson decision, the Court held that the Equal Protection Clause prohibits prosecutors from using their (discretionary) peremptory challenges in a racially discriminatory manner. 4 The Court subsequently extended the ban to gender and also concluded that defense counsel, too, were prohibited from excluding jurors on the basis of race or sex. 5 In last term's decision in Foster, issued 30 years after capital defendant Timothy Foster's trial, the Court reaffirmed Batson's core holding and held that the evidence--which included prosecutors' notes revealing a keen focus on jurors' race and the attorneys' views that black jurors would be acceptable if they "had to" take one--was sufficient to make out an Equal Protection Clause violation. 6

While Foster did strike a (small) blow against the widespread prosecutorial practice of removing jurors of color from capital juries, it ...
 
 
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