Congressional Digest

Supreme Court Debates December 2015 No. 9 Vol. 18
Joseph Digenova, Gil Garcetti, Glenn F. Ivey, et al., Amici Curiae

Racial Discrimination in Jury Selection

Challenging the Use of Peremptory Strikes

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Joseph Digenova, Gil Garcetti, Glenn F. Ivey, et al., Amici Curiae

Paul M. Smith, Counsel of Record

Joseph Digenova, Gil Garcetti, and Glenn F. Ivey are joined in this brief by five other former prosecutors. Paul M. Smith is a partner with the law firm Jenner & Block, where he specializes in cases involving free speech, civil procedure, and civil rights. The following is excerpted from the Amicus Curiae Brief for Petitioner as submitted to the U.S. Supreme Court on July 31, 2015. Nearly three decades after Batson v. Kentucky (1986) was decided, race discrimination persists in jury selection. Numerous studies demonstrate that prosecutors use peremptory strikes to remove black jurors at significantly higher rates than white…

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