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eSports Chaebol
Feb 22, 2005

Yeah, actually, gamers in the house forever,
I'm honestly amazed the Supreme Court agreed to hear this, though on the other hand they already ruled that racism is over so...

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eSports Chaebol
Feb 22, 2005

Yeah, actually, gamers in the house forever,

Jarmak posted:

Yeah nothing about race relations has changed in America since 1987, the year it stopped being totally legal to dismiss jurors just for being black.

It's still totally legal to dismiss jurors just for being black as long as you don't say that's why you're doing it, however; hence, the case.

eSports Chaebol
Feb 22, 2005

Yeah, actually, gamers in the house forever,

Jarmak posted:

One must also remember that there are many other racial disparities in this country that present legit reasons for removing a juror, such as criminal background. Without knowing more its kind of like throwing out your computer because the power has gone out, if you want to fix problems its kind of important to separate the source of the problem from the second order effects of the symptoms.

It's still pretty drat insidious when "legitimate" reasons bar members of a socially-imposed criminal underclass from having a supposed check they are supposed to have against the creation of such an underclass, though!

eSports Chaebol
Feb 22, 2005

Yeah, actually, gamers in the house forever,

Jarmak posted:

That racially disparate outcomes in jury selection are second order effects from racial disparity in other aspects of the system/society. That the selection process itself is not broken as some posters have declared, and loving with it is going to cause more harm then good.

It is a second order effect which reinforces first order effects. That's a really, really big problem. It's cyclical, like redlining: surely most realtors do it because they care about keeping house prices up rather than because they are racist, but the very fact that segregation keeps house prices up is enabled in part by redlining.

eSports Chaebol
Feb 22, 2005

Yeah, actually, gamers in the house forever,

Jarmak posted:

Jesus Christ I'm not misrepresenting anything, I was responding specifically to Painframe's allegation that prosecutors never use any excuses other then bullshit like "he looked nervous" , of which he was concluding solely from that single case.

The rest of your post is split between restating my own argument with a slightly different nuance, coming up with additional reasons that would clearly be covered by my statement that I wasn't providing an exhaustive list, and somehow being unable to read the original article that clearly states there is universal support for the peremptory strike system so its unlikely to change.

Oh and a really loving bizarre flip out rant about the adversarial system. No, prosecutors trying to win is exactly how the system is supposed to function.

Do you think it is possible that any prosecutor anywhere, :siren: aside from a single case in 1987 :siren:, has used peremptory strikes, intentionally or not, for racist reasons?

eSports Chaebol
Feb 22, 2005

Yeah, actually, gamers in the house forever,

Woozy posted:

Proving racism isn't any more difficult than proving any other form of intent or motivation that the courts routinely deal with. The only problem complicating the issue of racial discrimination in the carceral system is that the stewards of that system don't want to actually fix it.

Proving intent or motivation is almost impossible though, which is why a standard such as avoiding the appearance of impropriety is necessary (and as an added bonus it's also a face-saving measure).

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eSports Chaebol
Feb 22, 2005

Yeah, actually, gamers in the house forever,

Panzeh posted:

Jury selection should be eliminated- you should just have to put up with the jury you have.

Isn't this how the UK does it?

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