The State Supreme Court issued a pretty damning opinion.
However, several justices nevertheless expressed concern about the issues raised, saying race is often a factor – conscious or unconscious – when lawyers use their peremptory challenges to dismiss potential jurors from cases.
“Peremptory challenges are used in trial courts throughout this state, often based largely or entirely on racial stereotypes or generalizations,” Justice Steven Gonzalez wrote. “As a result, many qualified persons in this state are being excluded from jury service because of race.”
When lawyers question members of a jury pool in Washington, they can ask prospects to be removed for cause, such as some evidence the juror would not be able to sit impartially on the case. They are also allowed three peremptory challenges, by which they can have jurors removed for no reason at all, as long as the effect is not purposeful discrimination.
Even though the Supreme Court upheld the conviction in this case, this is still a shot across the bow. And hopefully it will lead to actual changes.
It would seem challenging to change the system in order to minimize bias if the bias occurs unconsciously or is otherwise something based on individual perspective rather than behavior identifiable more objectively.
This week I received a UW invitation, part of which is this:
Sign-up is now available for the upcoming program
“Recognizing Unconscious Bias – An Interactive Workshop” to be
held on October 18, 2013, 8:30 AM – Noon at the Graham Visitor Center
in the Arboretum.
Why does discrimination persist despite research indicating that most
people oppose it? One theory is that our behaviors are not completely
under our conscious control- we can consciously believe in equality
while simultaneously acting on subconscious prejudices. In-group
preferences and out-group biases adversely affect decision-making
about patient care and employment and detract from the teaching/learning
environment. This workshop will provide background on the research in
this area and introduce some interactive exercises and tools currently
in use to uncover and minimize bias. The focus is on illuminating the
fact that hidden bias exists and developing means to counteract
its impact on behaviors.
It seems that to some, bias exists whenever needed in order to further an agenda. Witness the frequent invocation of Selma by Jesse Jackson:
http://online.wsj.com/article/.....html?dsk=y
It might also be appropriate to point out that the Zimmerman prosecution also attempted to remove jurors on the basis of race, which the judge would not permit. It may be that judges in Florida have more freedom than judges in Washington state in this regard.
Would be an interesting read. Unfortunately, the link in the post to the opinion does not actually contain the actual opinion itself.
“It seems that to some, bias exists whenever needed in order to further an agenda.”
Gosh, which “agenda” are you talking about? The one which says “all men are created equal and entitled by their Creator to life, liberty and the pursuit of happiness” That agenda?
Or what about the agenda realised when the Civil Rights Bills were passed? Is that the “agenda” you refer to so insinuatingly?
Yes, I know, any attempt to make you see your own internal bias is an abridgement of your life, liberty, and etc. Cause it’s all a zero-sum game this rights agenda, isn’t it? I mean, any rights they get must have been taken from you, right?
Yes sir, your right to misconceptions and prejudice are the most important rights you have!
@ 2
Speaking of civil rights era, and racial bias for that matter, someone else had a couple of things to say that were published today:
Charlie Rangel: Tea Party Is ‘Same Group’ Of ‘White Crackers’ Who Fought Civil Rights
http://livewire.talkingpointsm.....e-group-of
When did Bull Connor stop being a Democrat?
And I thought ‘cracker’ was an overt racial slur. Is that being redefined? I learn so much listening to elected liberals.
I’ve been summoned for jury duty, and it will be a waste of time, because no lawyer ever gets on King County juries. I’ll report anyway, because it’s a citizen duty, and “they also serve who only sit and wait.” At least the lawyers will have to use one of their peremptories to get rid of me (and they will). Who knows? That might make it easier for a minority person to get on a jury.
In criminal cases, it is already illegal to use premptory challenges to exclude jurors. It goes broadly under the heading of “prosecutorial misconduct”.
If a party to a lawsuit simply doesn’t state a reason for a premptory challenge, then is bias to be presumed, or there is no proof of bias? The question is whether any premptory challenges remain if the court is heading in the direction indicated.
@1 It seems to me a person can also have a subconscious positive bias. For example, a liberal-minded employer sympathetic to the civil rights movement might unconsciously give a hiring preference to an African-American job applicant, or a liberal-minded employer sympathetic to women’s issues might tilt toward hiring the plain-looking applicant instead of the one with the fake suntan, bottle blonde hair, and boob job. So is that discriminating against white or pretty job applicants? I think it’s hard to argue it isn’t. The ideal is to be objective, to judge people by their abilities instead of superficial attributes like skin color or good looks, but how many people are capable of doing that? Actually, I think most people are. Human resources people for large organizations who conduct dozens of interviews every year are accustomed to reading resumes, asking job-related questions, and sizing up a prospect’s ability to do the job and contribute to the organization. It’s the small business owner who hires once in a blue moon where you’re likely to have a problem, such as that dentist who fired an assistant for being too attractive — it seems kind of obvious to me he did that to appease a jealous wife.
#3 You cannot be that ignorant. Bull Connor was a democrat, ( a member of the states rights democrats ) but he was, first and foremost, a conservative, fighting tooth and nail against equality.
You said this a couple of days ago “People doing dishonorable things is nothing new. Political affiliation has nothing to do with it. ” Just because Conner had a D after his name, doesn’t make him a Democrat by today’s standards. No more than Ronald Reagan judged by his actions would have been called a Republican by the current standards of the Conservatives.
@1 “bias exists whenever needed in order to further an agenda”
… such as traffic stops for DWH (“driving while Hispanic”) …
@3 “When did Bull Connor stop being a Democrat?”
Oh, right around the time of Nixon’s “southern strategy,” which the GOP has embraced ever since.
And that’s why a black juror was rejected by the prosecution because they watched Fox News. You have to be black and think on the reservation!
Eugene Bull Connor was first a DUMMOCRAPT. Of course leftist pinheads like le deeepshit above want you to think otherwise!
HEH HEH HEH HAR HAR HAR
@5 Peremptory challenges, by definition, don’t require a reason. Usually, though, the reason will be evident; one side’s lawyer has questioned a prospective juror, heard something s/he doesn’t like, and while it’s not sufficient to dismiss the juror for cause, it prompts the lawyer to use one of his/her three peremptory challenges to remove the juror. If you’re in the juror pool watching and listening to the voir dire examinations of prospective jurors, you almost always can tell why the lawyer peremptoried that juror.
@10 “Eugene Bull Connor was first a DUMMOCRAPT.”
And I was first a Republican. Now all the crackers who think like Connor are Republicans and I’m a Democrat. The world is rational and makes sense after all.
@7 “People doing dishonorable things is nothing new. Political affiliation has nothing to do with it.”
He said that? I missed it. I would argue there’s a quite high correlation between dishonorable behavior and political affiliation. Republicans have all the warmongers, torturers, and draft dodgers; and most of the banksters, adulterers, and sexual perverts. Bad character and bad behavior, combined with selfishness and greed, go hand-in-hand with being a Republican. Being community-spirited and caring about others, wanting peace and harmony, and supporting the idea of shared prosperity, are all Democratic traits.
To be honest, I don’t want conservatives on juries. They’re inclined to hang everyone, including innocents. Here’s what a typical verdict from a jury of conservatives might look like:
“Your Honor, we find the defendant not guilty on all counts, and we sentence him to death.”
They like to kill people for fun.
Yes, we always knew you wanted bias! Your crooks are “always better”? What a crock!
@15 I didn’t say our crooks are better; I said I like our crooks better than your crooks.
Good Lord, I never realised how deep the hipocrisy goes in the Democratic Party! If Bull Connor decides to run for President in the next election the jig is up. Everybody will see exactly who we Democrats are! On the other hand, raising the dead is always a big vote getter. I mean look what the Repugs do with Reagen.
@17 HA. Course the humor will completely bounce off puddy. He will act like you mean it.