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George Floyd death: What’s changed, 100 days later
George Floyd death: What’s changed, 100 days later
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Mar 07, 2021
9:53 PM
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One example she points to is them being asked about how favourable they view causes like Black Lives Matter and Blue Lives Matter. She says knowing these attitudes may be even better indicators than demographic characteristics, like gender and age, in predicting how a jury will view evidence.
"I think what each side is hoping to get out of the questionnaire, is a sense of whether or not a prospective juror will be open to the kinds of arguments that they intend to make over the course of the trial," she says.
Will race be a factor in jury selection?
Patterns of extreme responses to the questions will provide opportunity for both sides to raise objections on the basis of fairness.
"Each side, if people are filling out this questionnaire completely, will have a sense going in about who they think would be a relatively favourable juror for them and perhaps not so favourable that the other side would want to strike them."
Despite a body of law affirming that peremptory challenges on the basis of race are unconstitutional, Prof Hans says the judge will need to keep a close eye on patterns emerging with dismissals.
"I think because attitudes about the police do differ by race. And so many of the jury selection questions involve views and perceptions about the fairness of the police - it's inescapable," she says, when asked if race could become a factor in selection.
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