Racism Enough to Pierce Jury Secrecy

March 9, 2017, 5:00 AM UTC

Racism in the criminal justice system is sufficiently pernicious to allow defendants to pierce jury room secrecy, the U.S. Supreme Court ruled March 6 (Peña-Rodriguez v. Colorado, U.S., No. 15-606, reversed 3/6/17).

The nation must still make strides to overcome racial discrimination, and “blatant racial prejudice is antithetical to the functioning of the jury system and must be confronted in egregious cases like this one,” Justice Anthony M. Kennedy wrote for the 5-3 court.

Therefore, “where a juror makes a clear statement that indicates he or she relied on racial stereotypes or animus to convict a criminal defendant, ...

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