Feb 16

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New Report Highlights Consequences of Failing to Collect Juror Demographic Data

The University of California Berkeley School of Law’s Death Penalty Clinic released a report – “Guess Who’s Coming to Jury Duty?: How the Failure to Collect Juror Demographic Data Contributes to Whitewashing the Jury Box” – that explores California's practices of collecting juror demographic data and discusses how states’ failure to do so harms jury representativeness and diversity. The report encourages adoption of a uniform questionnaire that gathers prospective jurors’ self-identified race and ethnicity and making that information available to the trial court and counsel for the parties before the start of jury selection.

Use of Peremptory Strikes at Issue in Georgia Death Row Case

Death penalty scholar Steve Bright advocates in the Washington Post for the U.S. Supreme Court to review the capital conviction of Warren King, who is intellectually limited and diagnosed with schizophrenia. King was recruited by his cousin, Walter Smith, to rob a convenience store. A store clerk was shot and killed during the robbery. King stated that Smith was responsible; Smith blamed King. Ultimately, Smith made a deal with prosecutors and was sentenced to life in exchange for testifying against King. During King’s trial, the prosecutor struck seven of eight prospective Black jurors and only three of thirty-four prospective white jurors. King’s lawyers made a Batson objection, and the trial judge ruled that the prosecutor had violated Batson in striking one Black woman. However, he did not find race-based discrimination regarding the other six Black jurors. Professor Bright asserts this case exemplifies how the Batson doctrine is failing in its purpose.

Rhode Island Bill Seeks to Require State Consent in Waiving Right to Jury Trial

The Providence Journal reports that a bill pending in the Rhode Island General Assembly would require the state’s consent to waive a jury trial. Currently, defendants may waive their right to a jury trial in writing in open court and with the approval of a judge. If the change in law was made, Rhode Island would join 31 other states plus the District of Columbia in having this requirement. The bill has received pushback from defense lawyers and public defenders, who maintain that it infringes on criminal defendants’ trial rights. On the other hand, the attorney general has argued that the current system omits the state’s view, the victim’s views, and the broader public’s views.

Oklahoma Judge Caught Sending More Than 500 Texts During Murder Trial Resigns

The Jur-E Bulletin previously reported an Oklahoma judge was caught sending more than 500 text messages and scrolling social media during a murder trial. Judge Traci Soderstrom’s conduct included exchanging texts with trial bailiff mocking the appearance of attorneys, jurors, and witnesses. According to ABC News, the judge recently resigned.