March 07, 2018 Articles

How Much Racial Bias Is Enough to Show Racism in a Jury Verdict?

The Supreme Court ruled that racism could not play a role in a juror's decision to send a criminal defendant to jail or to his death.

By Mark A. Flores

The Supreme Court reiterated that racism cannot play a role in a juror’s decision to send a criminal defendant to jail or his death in last year’s majority opinion in Pena-Rodriguez v. Colorado, 137 S. Ct. 855, 870 (2017). The Supreme Court expressly chose, however, not to “decide the appropriate standard for determining when evidence of racial bias is sufficient to require that the verdict be set aside and a new trial be granted.”

Premium Content For:
  • Litigation Section
Join - Now