At the heart of the matter in the Georgia case, and many others like it where white people dominate the jury box, is the ability of lawyers to issue a limited number of peremptory challenges — which usually require no explanation — to strike potential jurors from the process. Lawyers typically have wide discretion, but in a landmark 1986 case, Batson v. Kentucky, the Supreme Court ruled that lawyers could not discriminate on the basis of race in issuing the challenges.
Since then, lawyers who suspect the other side of unseating a juror on racial grounds can contest it, a move often called a “Batson challenge.”
That is what unfolded for almost two hours on Wednesday at the Glynn County Courthouse, as defense lawyers walked Judge Walmsley through the detailed reasons they believed that each of the eight Black residents should not be seated, such as the pro-Arbery hashtags that some potential jurors had posted online or the negative opinions they had formed about the three defendants — Gregory McMichael, 65; his son Travis McMichael, 35; and their neighbor William Bryan, 52.
Laura D. Hogue, one of the lawyers for the elder Mr. McMichael, described peremptory strikes as an important tool that allowed lawyers “to weed out the worst of the worst,” by which she meant people who seemed to be irredeemably biased.
The lead prosecutor, Linda Dunikoski, pushed back in every case. She argued that a number of potential jurors were honest with lawyers about their knowledge and opinions about the case, but were then unseated by the defense on the basis of those opinions — even when they stated that they could be impartial if seated.
Ms. Dunikoski also noted that the 12-person jury had been selected from a panel that included 12 Black people and 36 white people — and yet, she said, “the actual jury that was selected has only one African American male on it.” The prosecution used all 12 of its peremptory strikes on white potential jurors.
Source Article from https://www.nytimes.com/2021/11/04/us/ahmaud-arbery-trial-jury.html
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