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- Title
Cheat Sheets and Capital Juries: In State v. Tucker, North Carolina's Attorney General and Supreme Court Contend with Evidence of Prosecutors 'Efforts to Circumvent Batson v. Kentucky.
- Authors
MANCE, IAN A.
- Abstract
This Article considers ongoing litigation in State v. Tucker, a case eun rently before the Supreme Court of North Carolina, involving prosecutors' use of peremptory challenges to secure an all-white jury in a capital trial involving a Black defendant. The argument proceeds in three parts. Part 1 contends that prosecutors' surreptitious use of a "cheat sheet" that recited "justijications" for peremptory challenges in Tucker's capital trial evidences their intent to discriminate against him and the Black members of the venire. Parl If critiques the N.C. Attorney General's decision to defend the trial prosecutors' use of the document. Part 11, Section A argues that his office's response to Tucker has exposed limitations of its commitment to addressing the issues identified by the N.C. Task Force on Racial Equity and Criminal Justice, which he co-chaired. Part II, Section B argues that ending racial discrimination injury selection in North Carolina will require the Office of the Attorney General to demonstrate that there are limits to the conduct it will defend on appeal. Part III considers the arguments advanced by the Attorney General in response to the allegations raised in Tucker's petition. Part III, Section A discusses the gr<11 %,ing recognition Of exceptions to procedural bars that might otherwise prohibit courts from considering evidence of racial discrimination in jury selection. Part III, Section B argues that the equal protection doctrine does not permit prosecutors to employ devices designed to lindermine the operation of mechanisms imposed by courts to guard against racial discrimination. Part III, Section C discusses unique considerations regarding the adjudication of homicide cases involving Black dettndants in North Carolina and argues that courts should closely scrutinize claims ofracial discrimination in the jury selection process in such cases.
- Subjects
NORTH Carolina; PEREMPTORY challenges (Jury selection); ANTI-discrimination laws; RACIAL inequality; ADMINISTRATIVE procedure
- Publication
Campbell Law Review, 2021, Vol 44, Issue 1, p3
- ISSN
0198-8174
- Publication type
Article