Joette Katz Authors Connecticut Law Tribune Article Entitled "Time to Take the Next Step"
In State v. Holmes, 334 Conn. 202 (2019), the Supreme Court expressly acknowledged the failure of Batson v. Kentucky to address the effects of implicit bias and the disparate impact that certain race neutral explanations for peremptory challenges have on minority jurors. As a consequence, the Court announced that it would convene a Jury Selection Task Force to study racial discrimination in the selection of juries; to consider measures intended to promote the selection of diverse jury panels; and to propose necessary changes to the jury selection process in Connecticut, to be implemented by court rule or legislation. Subcommittees were established, including one entitled Implicit Bias in the Jury Selection Process and Batson Challenges. That Committee was chaired by Judges Gold and Lavine, and together we studied the extensive body of work relating to implicit bias and its impact on the jury selection process. Recognizing that peremptory challenges would not be eliminated, this subcommittee...
