A Black prospective juror’s view that the criminal justice system is unfair is a permissible reason to strike him from service, the majority of a panel of Massachusetts Appeals Court justices suggested Monday.
Jurors in Massachusetts may only be struck over factors aside from their race, gender, and other protected characteristics in accordance with the Massachusetts Supreme Judicial Court’s holding in Commonwealth v. Soares and the US Supreme Court’s decision in Batson v. Kentucky.
“If someone says I don’t think the system is fair, how is that based on race?” Associate Justice John Englander asked during oral arguments Monday. ...
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