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DANIELS

Winning Strategies for Establishing Purposeful Discrimination during Voir Dire

By Sholdon Daniels

A defendant's right to a fair trial should not be up for challenge.

Are you a defense attorney struggling to ensure that your client receives a fair trial? One of the most critical aspects of any trial is jury selection, also known as voir dire. Unfortunately, it's not uncommon for prosecutors to attempt to stack the jury against your client, using peremptory challenges to remove jurors based on their race, ethnicity, or other characteristics. This practice, known as purposeful discrimination, is unconstitutional and a violation of your client's rights.


In this article, we'll discuss some winning strategies for establishing purposeful discrimination during voir dire in Texas criminal cases. By using these strategies, you can help ensure that your client receives a fair trial and that justice is served.


Tip #1: Pay Attention to the Prosecutor's Questions


During voir dire, it's essential to pay close attention to the prosecutor's questions. If you notice that the prosecutor is disproportionately questioning jurors of a particular race or ethnicity, it could be a sign of purposeful discrimination. The prosecutor might be trying to create a racially-biased jury by removing potential jurors of color through peremptory challenges.


Tip #2: Look for a Pattern in the Prosecutor's Challenges


Another key strategy for identifying purposeful discrimination is to look for a pattern in the prosecutor's use of peremptory challenges. If you notice that the prosecutor is disproportionately removing jurors of a particular race or ethnicity, it could be a sign of purposeful discrimination. Keep track of which jurors the prosecutor strikes and their race or ethnicity to establish a pattern.


Tip #3: Use Batson Challenges


One of the most effective ways to challenge purposeful discrimination during voir dire is to use a Batson challenge. In Batson v. Kentucky, the Supreme Court ruled that peremptory challenges cannot be used to remove jurors based on their race or ethnicity. If you suspect that the prosecutor is using peremptory challenges to strike jurors based on their race or ethnicity, you can raise a Batson challenge. The prosecutor will then need to provide a race-neutral reason for striking the juror in question.


Tip #4: Conduct Your Own Voir Dire


Another way to counter purposeful discrimination during voir dire is to conduct your own voir dire. While the court may limit the scope of your questioning, you can still ask questions that are relevant to your case and that help you identify potential biases or prejudices among potential jurors.


Tip #5: Consult an Experienced Defense Attorney


Establishing purposeful discrimination during voir dire is a challenging task that requires an experienced and skilled defense attorney. If you're a defense attorney, it's crucial to consult with other more experienced attorneys and seek their advice on how to handle voir dire in your case. They can help you identify potential signs of purposeful discrimination in your case and provide strategies for addressing it. Just be mindful of attorney-client privilege.

Establishing purposeful discrimination during voir dire is a crucial task for any defense attorney. By paying close attention to the prosecutor's questions and challenges, looking for patterns, using Batson challenges, conducting your own voir dire, and consulting with experienced defense attorneys, you can help ensure that your client receives a fair trial. Remember, if you suspect that the prosecutor is engaging in purposeful discrimination, don't hesitate to raise an objection and protect your client's rights. For more information, call 1-844-SHOLDON or follow me on Twitter at @SholdonDaniels.

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