The Past and Future of Batson

Available On Demand Webinars

The Past and Future of Batson
Presented by: Marilou VerBurg Erb, JD, PhD candidate, York College of Pennsylvania; Richard Gabriel, President, Decision Analysis

The courts are more sensitive than ever about the use of race as a factor in jury selection. However, as the courts become more restrictive on how jury selection is conducted, it has become more difficult to discover personal experiences and attitudes in order to exercise peremptory challenges. This webinar discusses the historical value of Batson and the original Supreme Court decision, followed by a discussion of how the case law developed, along with new decisions which are changing the landscape on jury selection. The presenters discuss the mechanics of making and defending a Batson challenge. Finally, they discuss practical methods to create a jury selection plan for consultants and clients, as well as how to design questionnaires and voir dire questions to identify bias, regardless of demographic stereotypes. In order to conduct more meaningful jury selection, consultants, clients and the courts need to have a better understanding of how bias operates and how to effectively deal with this complex process in order to ensure a fairer and more just process for litigants.