Listen to Episode 29 of Slate’s Amicus:
Three decades ago, the Supreme Court ruled in Batson v. Kentucky that race cannot be a determining factor in the process of jury selection. But because it’s so difficult to know what is really motivating prosecutors and defense attorneys to strike potential members of a jury pool, Batson has proven very hard to enforce.
This week, the Supreme Court will hear arguments in Foster v. Chatman, a case in which the paper trail strongly suggests that race was a factor in the dismissal of potential jurors. Dahlia discusses the case and its implications with Stephen Bright, president of the Southern Center for Human Rights and lead counsel for the convicted murderer at the center of Foster. She also speaks with Glenn Ivey, one of the former prosecutors who have submitted an amicus brief on behalf of Foster.
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Amicus is sponsored by the Great Courses, offering a series of lectures about the impact that technology is having on the Constitution and our rights. The series—titled “Privacy, Property & Free Speech: Law and the Constitution in the 21st Century”—is available right now at up to 80 percent off the original price if you visit TheGreatCourses.com/amicus.
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Podcast production by Tony Field.