AuthorTitleCitationSummaryYear
Annie Sloan "WHAT TO DO ABOUT BATSON?": USING A COURT RULE TO ADDRESS IMPLICIT BIAS IN JURY SELECTION 108 California Law Review 233 (February, 2020) In Batson v. Kentucky, 476 U.S. 79 (1986), the U.S. Supreme Court attempted to eliminate racial discrimination in jury selection by prohibiting the use of peremptory challenges to intentionally strike prospective jurors based on their race. Today, more than thirty years later, Batson's now-familiar three-part framework is widely considered to be a... 2020
Ted A. Donner, J.D., Richard K. Gabriel § 32:1.Significance of questions concerning racial bias Jury Selection Strategy and Science § 32:1 (2020) There is a difference between racism on the part of attorneys and racial bias among jurors. As Justice Kennedy found in his concurring opinion in J.E.B. v. Alabama: We do not prohibit racial and gender bias in jury selection only to encourage it in jury deliberations. Once seated, a juror should not give free rein to race or gender bias of his or... 2020
Ted A. Donner, J.D., Richard K. Gabriel § 32:2.Questioning about Gender Bias Jury Selection Strategy and Science § 32:2 (2020) Gender bias, like racism, plays a problematic role in any group dynamic. But, unlike racism, the idea that men and women are different" remains an idea which many embrace and which thus still maintains a foothold both in life experience and in the academic literature. However biased such views may be 2020
Roger Park, Tom Lininger § 6.2 IDEOLOGICAL BIAS Aspen Publishers § 6.2 (2020) The term ideological bias refers to general ideas and preconceptions that might cause a witness to favor or disfavor a party. The crucial question is whether general ideological bias manifests itself in aversion or sympathy with respect to a particular party. Perhaps the plainest example of bias is racism. A witness who generally harbors enmity... 2020
B.E. Witkin and Members of the Witkin Legal Institute § 607.5 Bias and interest Witkin California Evidence, Fifth Edition § 290 (2020) In re Anthony P. (1985) 167 C.A.3d 502, 213 C.R. 424, decided a question of first impression in California: the propriety and extent of cross-examination to expose a bias against the racial group to which a defendant or other party belongs. Defendant, a 17-year-old black high school student, was charged with molesting a 15-year-old white student,... 2020
B.E. Witkin and Members of the Witkin Legal Institute § 607.5 Bias and interest Witkin California Procedure, Fifth Edition § 139 (2020) A peremptory challenge that is based on racial grounds is itself subject to challenge on constitutional grounds. In People v. Superior Court (Williams) (1992) 8 C.A.4th 688, 10 C.R.2d 873, the prosecutor filed a peremptory challenge against the assigned judge. Defendant, noting that the judge was black, claimed that the challenge was based on... 2020
Barbara E. Bergman and John D. Cline § 607.5 Bias and interest Everytrial Criminal Defense Resource Book § 1:8 (2020) In Aldridge v. U.S., the defendant was a black man accused of murdering a white police officer. Defense counsel asked to voir dire the jurors about possible racial prejudice. The trial court denied the request. The Supreme Court reversed. The Court acknowledged that while the trial court has discretion concerning voir dire, that discretion is... 2020
Barbara J. Van Arsdale, J.D.; Tracy Bateman, J.D.; Elizabeth M. Bosek, J.D.; Russell J. Davis, J.D., M.A.; John J. Dvorske, J.D., M.A.; Eleanor L. Grossman, J.D., of the staff of the National Legal Research Group, Inc.; Beth Bates Holliday, J.D.; Lucas Martin, J.D.; Mary Babb Morris, J.D., of the staff of the National Legal Research Group, Inc.; Jaime Marie Nies, J.D.; Kenneth B. Sills, J.D.; Mary Ellen West, J.D.; Elizabeth Williams, J.D.; and Theodore Wyman, J.D. § 607.5 Bias and interest Texas Jurisprudence, Third Edition § 210 (2020) Bias may exist as a matter of law when a person admits or demonstrates prejudice toward a racial or ethnic class of which the defendant is a member. However, it is not necessarily abuse of a trial court's discretion to determine that a person is not racially biased and accordingly deny a defendant's challenge for cause where the person testifies... 2020
Beth Bates Holliday, J.D.; Karl Oakes, J.D.; Jeanne Philbin, J.D.; Eric C. Surette, J.D.; and Lisa A. Zakolski, J.D., M.A. § 607.5 Bias and interest Texas Jurisprudence, Third Edition § 183 (2020) Because the race or religion of a party or witness ordinarily is irrelevant in the trial of an action, an argument having the effect of engendering prejudice based on such considerations is improper. Likewise, it is improper to attempt to arouse sympathy based on the race of a party or pander to ethnic unity. In particular, courtroom strategies... 2020
Jim Saksa, CQ Roll Call § 607.5 Bias and interest CQ Roll Call Washington Banking Briefing (6/10/2020) The Senate Banking Committee channeled the nation's concerns about racial disparities and COVID-19 into an oversight hearing with federal housing regulators Tuesday. 2020
Joy P. Waltemath, J.D. § 607.5 Bias and interest Wolters Kluwer Employment Law Daily (10/16/2020) The CAD drafter was fired within an hour after claiming discrimination and retaliation based on gender and national origin (which she believed encompassed racial discrimination), but two weeks earlier she had clearly complained of race bias. Reversing and remanding in part the dismissed claims of an Arab-American CAD drafter who was not promoted... 2020
Wayne D. Garris Jr., J.D. § 607.5 Bias and interest Wolters Kluwer Employment Law Daily (2/18/2020) The employee received favorable performance reviews but described her relationship with her supervisor as distant and later becoming stressed and hostile. Granting summary judgment in a university's favor, a federal district court in Virginia held that a former employee failed to establish the existence of a racially hostile work environment. The... 2020
Chelsea Barabas § 607.5 Bias and interest 12 Georgetown Journal of Law & Modern Critical Race Perspectives 83 (Fall, 2020) Data-driven decision-making regimes, often branded as artificial intelligence (AI), are rapidly proliferating across the U.S. criminal legal system as a means of managing the risk of crime and addressing accusations of discriminatory practices. However, these data regimes have come under increased scrutiny, as critics point out the myriad ways... 2020
Clifford S. Fishman and Anne T. McKenna § 607.5 Bias and interest Jones on Evidence § 61:16 (2020) Eyewitnesses make more accurate identifications of perpetrators of their own race than other races. Accordingly, courts generally recognize that expert testimony to this effect may be helpful to a jury. But some courts are skeptical as to whether such testimony will indeed help a jury or confuse it, particularly if the expert himself has difficulty... 2020
David Evans § 607.5 Bias and interest Drug Testing Law, Technology and Practice § 5:14 (2020) It has been alleged that hair analysis for drugs of abuse is a biased procedure because it produces systematically differential outcomes in persons of different races. These systematic outcomes are putatively labeled as a racial bias in the hair analysis procedure. These differences are alleged to be such that the test is biased against... 2020
Doron Samuel-Siegel , Kenneth S. Anderson , Emily Lopynski § 607.5 Bias and interest 23 Richmond Public Interest Law Review 137 (March, 2020) The United States Supreme Court's equal protection doctrine ignores the existence of structural racism, thus eschewing the opportunity inherent in the Fourteenth Amendment to combat the oppressive race-based gaps in life chances that structural racism produces. This failure to reckon with racism as it exists today is due at least in part to two... 2020
Elizabeth M. Bosek, J.D.; Russell J. Davis, J.D., M.A.; Laura Hunter Dietz, J.D.; Mary Therese K. Fitzgerald, J.D.; Cecily Fuhr, J.D.; John A. Gebauer, J.D.; Lonnie E. Griffith, Jr., J.D.; Jill Gustafson, J.D.; Tammy E. Hinshaw, J.D.; Rachel M. Kane, M.A., J.D.; John Kimpflen, J.D.; Samantha M. Khosla, J.D., M.A.; Robert F. Koets, J.D.; Lucas Martin, J.D.; Mary Babb Morris, J.D., of the staff of the National Legal Research Group, Inc.; Kimberly C. Simmons, J.D.; Thomas Smith, J.D.; Elizabeth Williams, J.D.; and Brenda Williamson, J.D. § 607.5 Bias and interest Ohio Jurisprudence, Third Edition § 1185 (2020) During the course of voir dire in a criminal case, counsel may properly explore issues related to the potential bias of a prospective juror concerning race, ethnicity, or religion. However, since it is ordinarily left for trial counsel to determine what questions should be asked on voir dire, if defense counsel declines to question a prospective... 2020
F. Lee Bailey , Kenneth J. Fishman § 607.5 Bias and interest Complete Manual of Criminal Forms 3d § 35:30 (2020) NOW COMES the Defendant, [name of defendant], through counsel, and respectfully moves this Honorable Court to preclude the Commonwealth from introducing any evidence regarding his alleged racial bias at trial including his alleged use of the word nigger. It is respectfully submitted that this evidence is irrelevant and highly prejudicial such... 2020
F. Lee Bailey , Kenneth J. Fishman § 607.5 Bias and interest Complete Manual of Criminal Forms 3d § 53:4 (2020) How do you feel about [particular racial, ethnic or religious group] generally? Do you have any personal or professional relationships with [particular racial, ethnic or religious group]? Do you think that [particular racial, ethnic or religious group] have the same values and standards that white people do? Do you think that [particular racial,... 2020
Francis C. Amendola, J.D.; James Buchwalter, J.D.; John A. Gebauer, J.D.; Thomas Muskus, J.D; and Lisa A. Zakolski, J.D. § 607.5 Bias and interest Corpus Juris Secundum § 499 (2020) Generally, it is proper to ask prospective jurors on voir dire questions regarding racial or ethnic bias. There is usually no constitutional requirement that such jurors be interrogated concerning racial or ethnic prejudice. However, in some circumstances, constitutional considerations require that such jurors be interrogated on the subject of this... 2020
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