Joette Katz, partner with Shipman & Goodwin. Courtesy photo. It's Time to Consider Gender in Addressing Implicit Bias in Jury Selection
The problem of discrimination in jury selection extends beyond race to ethnicity, gender and religious affiliation, which also are entitled to protection under the Batson framework.
May 18, 2023 at 04:00 PM
4 minute read
CommentaryIn State v. Holmes, 334 Conn. 202 (2019), the Supreme Court expressly acknowledged the failure of Batson v. Kentucky to address the effects of implicit bias and the disparate impact that certain race neutral explanations for peremptory challenges have on minority jurors. As a consequence, the court announced that it would convene a jury selection task force to study racial discrimination in the selection of juries; to consider measures intended to promote the selection of diverse jury panels; and to propose necessary changes to the jury selection process in Connecticut, to be implemented by court rule or legislation.
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