Batson Up, Strike Three You’re Out: Eliminating Racial Bias in North Carolina Jury Selection

While organizations such as the Center for Death Penalty Litigation in Durham have a goal of “spearhead[ing] litigation that addresses systemic injustices,” systemic racial discrimination of African American potential jurors through peremptory strikes (strikes without cause) remains a prevalent issue in the appellate and trial courts of North Carolina. Over the past 30 years, African American potential jurors have been struck through these peremptory motions from jury panels at a rate double than their white counterparts. This statistical finding proves that racial discrimination is occurring in the courtroom. The problem is no one is willing to confront it. As the courts are arranged now, Batson claims (which are meant to prevent racial discrimination in peremptory strikes) are unsuccessful, so the system of preventing racial discrimination has to change.

The Center for Death Penalty Litigation has the resources and skill set to be a driving force in that change. As a collection of lawyers dedicated to tackling racial bias head-on in the courtroom, they have made significant progress in other areas of systemic injustices including the inhumanity of the three-drug death penalty procedure. However, this group could utilize the following recommendations to end or at least improve the peremptory strike system that contributes to the maintenance of racial bias in the courtroom.