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View Diary: The majesty of the law (136 comments)

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  •  WTF? Judge Nelson overrode prosecution on this? (0+ / 0-)
    Judge Nelson made a finding that the prosecution was exercising peremptory challenges in a race-based fashion.

    The race and cognizable class they were targeting? White women.

    After finding that the Florida prosecutors were targeting white women, her Honor used her discretion, based on a U.S Supreme Court precedent called Batson, to reseat two of the white women that the prosecutors kicked off the panel. Those two women later became jurors who voted to find George Zimmerman not guilty.
    - emphasis added

    How does Judge Nelson know that the prosecutions dismissals weren't based on suspected bias of the jurors and their race having nothing to do with their dismissal?

    Can this be used in any way in a Federal civil rights case?

    Batson v. Kentucky
    peremptory challenge—the dismissal of jurors without stating a valid cause for doing so—may not be used to exclude jurors based solely on their race.

    It seems that in order for Judge Nelson to find that prosecution was excluding these jurors based on the race of the jurors themselves she had to assume it was not bias  - right?

    The prosecution could just as reasonably have been excusing the jurors for being biased and not - that they were white - that seems valid especially after hearing from B37

    So Judge Nelson's decision to re-seat the two white women clearly overlooks the very likely possiblity that the women were biased in order to override the prosecution

    Or is she afforded more discretion to base her re-seating decisions on assuming race "neutrality" than the prosecution to assume the opposite?

    Call it the "neutrality blindness" case. - or maybe not. I don't know

    Thx for the breakdown Armando

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