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Batson and Comparative Juror Analysis: Stephen Wagstaffe is a Racist and Unethical Prosecutor

Ali v. Hickman (CA9) is going to be tedious - but required - reading.  Hickman (here) discusses comparative juror analysis in detail.  A comparative juror analysis is common sense, but until recently, wasn't the law.Under Batson v. Kentucky, a prosecutor cannot discriminate against black prospective jurors.  Prosecutors still do.  A prosecutor will make up an excuse to strike a black juror.  "Judge, I don't like jurors who wear red shoes.  Red shoes are distracting to me.  Thus, I want this black guy off the jury.  He is wearing red shoes."  Far too many judges don't care about black people.  They accept whatever reason the prosecutor gives.Well, what if the prosecutor does not strike a red-shoe-wearing white juror? Before, judges excused prosecutorial intellectually inconsistentcy...continue to full post

Full post as published by Crime & Federalism on July 09, 2009 (boomark / email).