Juror Skin Color Matters For Challenges, NY High Court Says
By Brandon Lowrey (December 22, 2016, 10:15 PM EST) -- The New York Court of Appeals ruled Thursday that prospective jurors' skin color can be used to mount an anti-discrimination challenge to a prosecutor's peremptory strike, saying a lower court must grant a new trial after erroneously allowing a prosecutor to dismiss a "dark-skinned" woman from the jury box without further justification.
The state's highest court said that the prosecutor in a robbery trial used five of his peremptory strikes against "black or dark-colored women." When the prosecutor used one of those strikes against an Indian-American woman, the defense attorney lodged a challenge under the U.S. Supreme Court's 1986 decision in...
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