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A Familiar and Recurring Evil: Why Defendants Should Ask Potential Jurors About Police Brutality.

Authors :
CAISON, HANNAH K.
Source :
North Carolina Law Review; Dec2021, Vol. 100 Issue 1, p309-325, 17p
Publication Year :
2021

Abstract

Despite the constitutional guaranty of trial by a fair and impartial jury, racial bias has long plagued juries of Black defendants. Although voir dire, the process of questioning potential jurors during jury selection, could help defendants identify racially biased jurors, courts have been largely unwilling to hold that defendants have a right to ask questions about race during voir dire. However, in State v. Crump, the Supreme Court of North Carolina held that Black male defendants involved in shootings with police do have this right. This Recent Development explores that holding and examines its future implications, ultimately arguing that the Crump holding can be used as a powerful tool to confront racial bias in juries. This Recent Development argues that, especially in an era where police brutality is well-known and well-documented, questions about race during voir dire will be most effective when they center on specific instances of racial bias and police brutality. By engaging in a frank conversation with potential jurors about their impressions of police interactions with Black people, attorneys can help secure their clients' constitutional right to an impartial jury. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
00292524
Volume :
100
Issue :
1
Database :
Complementary Index
Journal :
North Carolina Law Review
Publication Type :
Academic Journal
Accession number :
154917691