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    Jury Research Blog

    Trial Judges: Can We Talk?!—Supreme Court Case of Foster v. Chatman

    Posted by Jeffrey T. Frederick, Ph.D. on Mon, Jun 13, 2016 @ 16:06 PM

    June 13, 2016

    Jeffrey T. Frederick, Ph.D.

         I usually address my posts to attorneys with suggestions concerning jury issues.  But today, I want to address trial judges (and attorneys) in light of the recent decision in Foster v. Chatman, 136 S. Ct. 290 (2016), concerning the discriminatory use of peremptory challenges.

    Foster v. Chatman: Poster Child for Discriminatory Purpose

         First, some basic facts. Timothy Foster, a black man, was convicted of capital murder in Georgia in 1987, months after the landmark Batson v. Kentucky, 476 U.S. 79 (1986), decision banning discriminatory use of peremptory challenges based on race.  While five blacks were qualified during voir dire, none made it on the jury.  One black potential juror, Shirley Powell, was removed for cause the day peremptories were to be exercised (she came in to court and notified the court that she had a close friend who was related to Foster). The prosecutor used four of its challenges to remove the remaining black jurors. The defense raised a Batson challenge setting in motion the three-step Batson procedure: (a) the defense presents a prima facie case that a peremptory challenge had been exercised based on race; (b) the prosecution must provide “race neutral” explanations for its disputed exercise of peremptory challenges; and (c) the judge decides whether the defendant has shown purposeful discrimination.  It was this last step that was at issue in this case. 

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    Topics: jury research, jury selection, Jeff Frederick, voir dire, peremptory challenge, Batson v. Kentucky, Foster v. Chatman

    Member (Jury) Selection in General Courts Martial

    Posted by Gale Burns on Mon, Sep 9, 2013 @ 16:09 PM

    September 9, 2013

    Jeffrey T. Frederick, Ph.D.

    I was recently asked by the American Society of Trial Consultants (ASTC) to guest post on their
    "Deliberations" blog and here is the result.

    IN A WORLD . . .

    where the convening authority selects the entire pool of potential panel members . . .

    where the defense and prosecution each have potentially only one peremptory challenge, even in a death penalty case . . .

    where challenges for cause are the only realistic method for removing potentially biased members . . .

    No this is not the recent movie by the same name, IN A WORLD . . . , that opened in movie theaters last month. This is the world of general courts martial under the Uniform Code of Military Justice (UCMJ). . . . For the remainder of the post, click here.

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    Topics: military jury, convening authority, random selection, deliberations, American Society of Trial Consultants, voir dire in military trials, military court, Jeff Frederick, voir dire, courts-martial, UCMJ, liberal grant mandate, military courts, member selection, peremptory challenge, challenge for cause

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