STUDIES: Racial Bias in Jury Selection

A new study of trials in Caddo Parish, Louisiana, revealed that potential jurors who were black were much more likely to be struck from juries than non-blacks. The results were consistent with findings from Alabama, North Carolina, and other parts of Louisiana, highlighting an issue that will be reviewed by the U.S. Supreme Court this fall. In Caddo Parish, an area known for its many death sentences, prosecutors used peremptory strikes against 46% of black jurors, but only 15% of other jurors, according to the study by Reprieve Australia. The racial composition of the juries appeared to make a difference in the ultimate outcome of the cases. The study found that no defendants were acquitted by juries with 2 or fewer black jurors, but 19% were acquitted when 5 or more jurors were black. In an Alabama study, prosecutors used peremptory strikes to remove 82% of eligible black potential jurors from trials in which the death penalty was imposed. A study of death penalty cases in North Carolina found that prosecutors struck 53% of black potential jurors but only 26% of others. (Click image to enlarge.)

In the death penalty case from Georgia that will be heard by the Supreme Court, Foster v. Chatman, all black prospective jurors were excluded from the jury. Prosecutors marked the names of black prospective jurors with a B and highlighted those names in green. Whenever such potential jurors had noted their race on questionnaires, prosecutors circled the word “black.”

(A. Liptak, "Exclusion of Blacks From Juries Raises Renewed Scrutiny," New York Times, August 16, 2015; U. Noye, "Blackstrikes: A Study of the Racially Disparate Use of Peremptory Challenges by the Caddo Parish District Attorney’s office," Reprieve Australia, August, 2015). See Race and Studies.