One of the most basic concepts underlying criminal trials in this country is the notion of fundamental fairness in the process. One element of that fundamental fairness is having your guilt or innocence determined by a jury of your peers. Toward that end, the law says that the prosecution cannot engage in racial discrimination in the jury selection process. When it comes to protecting your rights, before, during, and after your criminal trial, make sure you have a skilled Maryland criminal defense lawyer advocating for you and protecting you from this and other forms of unfairness.
One of the most essential tools in the criminal defense attorney’s “toolbag” when it comes to thwarting racial discrimination in the jury selection process is something called a “Batson challenge.” (That name comes from the 1986 U.S. Supreme Court case of Batson v. Kentucky, in which a Black man was convicted by an all-white jury after the prosecutor struck all of the Black potential jurors during voir dire.)
To give you an example of what the Batson challenge process looks like, we have a recent assault and theft case from Cecil County. B.B., a Black man, was on trial for second-degree assault, conspiracy to commit robbery, conspiracy to commit second-degree assault, and conspiracy to commit theft.