Tuesday, November 3, 2015

Has Batson gone as far as it can go?

I've written a post over at Fault Lines on the Timothy Tyrone Foster case that the Supreme Court case heard yesterday.  If you haven't been following it, prosecutors on a 1986 case were pretty blatant in writing down and singling out the African-American members of a jury panel and then striking them with peremptory challenges.

Although the case is egregious, what more can the Supreme Court do to enforce Batson?  I wrote more about it here.  I hope you will check it out.


Anonymous said...

Batson never considered the cultural biases inherent on the back end.

Consider this hypothetical: A group of Gypsies enter a jewelry store and create a distraction in order to confuse the vendor and steal some jewelry. The alleged thief is apprehended in the parking lot and subsequently arrested. The Gypsy defendant demands a jury trial and there are many Gypsies on the panel who, during voir dire, present no overt issues to be stricken for cause. Does Batson preclude the prosecution from using peremptory strikes on all the gypsies; the caveat being that it is common knowledge in the community that gypsies do not trust law enforcement and consistently fail to hold fellow gypsies responsible for harming or stealing from non-gypsies, regardless what evidence is presented?

I'll bet "peace loving muslims" might not be good prosecution jurors for a jihadist's trial, but I digress to common sense.

Profiling is based on many parameters and to allow racistphobics to dismantle this tool of law enforcement defies all logic and common sense………..the Supremes notwithstanding.

Jason Truitt said...

Wait. Racism in jury selection is now a "tool of law enforcement"?

Anonymous said...

Simply because all racists profile does not mean all profiles are racist based.

Jason Truitt said...

It doesn't have to be "racist" based, i.e., sinister in nature.

The fact that it is race-based even with good intentions is enough for it to be wrong.

Anonymous said...

Jason is correct, law enforcement better damn well NEVER even utter the P-word.

However, American culture not only encourages thugs to profile--these predators are generously rewarded for doing so; AND if a law abiding civilian dare profile he/she shall be stoned by the political correct hall monitors.

I can't wait for the PC police to come for Jason's cache of weaponry.