Professor Monique McLaughlin and Adjunct Professor E. Earl Parson have published an article in honor of the 25 th anniversary of the U.S. Supreme Court ruling in Batson v. Kentucky, which ruled unconstitutional, and in violation of the 14 th Amendment equal protection, the use of race based peremptory challenges.
The case further explains that not only do race based peremptory challenges deny the defendant or litigant the right to a fair and impartial jury, but they also deny the fundamental right of citizens to participate fully in the judicial system through jury service.
The article, “Black Strikes: The Focus of Controversy and the Effect of Race-Based Peremptory Challenges on the American Jury System,” appears in the Georgetown Journal of Law and Modern Critical Race Perspectives. The article examines how Jim Crow statutes and race-neutral jury practices were used as pretextual mechanisms to suppress and deny minority participation in the American jury process. Further, through comparative data, the article shows how modern jury exclusion tactics repudiate the rights of full citizenship to all Americans.