The U.S. Supreme Court on Monday overturned the Georgia Supreme Court in a case involving race discrimination in jury selection. • Quotes: "Although I have read only a summary of today’s decision rather that the full decision on racial bias in jury selection for death penalty cases, it is long overdue, indeed decades overdue," says Duke University law professor Neil Vidmar, who specializes in jury behavior. “There are many reasons to oppose the death penalty in the United States, but racial bias in jury selection is an obvious, indeed egregious, flaw. That bias has long been noted, but in this case, pardon my trite but apt phrase, we have ‘the smoking gun,’ namely the prosecutor notes that unequivocally show that black jurors on the list were noted by number, i.e. B#1, B#2 B#3, etc. Likely even before they were questioned. “Justice Robert’s statement that, ‘Prosecutors were motivated in substantial part by race,’ is an understatement. How can anyone conclude otherwise?” “More than a perception of unfairness is a stake. Black jurors can cause the white jurors to see things differently during deliberations. Their inclusion can also give the verdict, whatever it is, greater legitimacy.” “And though data show that blacks are more likely to oppose the death penalty than whites, it is stereotyping to assume that all blacks are opposed to the death penalty and would not vote for death, especially after hearing the evidence. The Supreme Court got it right this time.” • Bio:Neil Vidmar, Russell M. Robinson II Professor of Law and Professor of Psychology at Duke University's School of Law, specializes in jury behavior. He is the author, with Valerie P. Hans, of “American Juries: The Verdict” and “Judging the Jury.” https://law.duke.edu/fac/vidmar/ • Archive video interview (different subject): https://www.youtube.com/watch?v=7meJlGRsRMU • For additional comment, contact Vidmar at:Vidmar@law.duke.edu
