In his most recent post titled How Racism Infects Jury Verdicts, Haub Law School Professor Bennett L. Gershman looks closely at two recent SCOTUS cases – Buck v. Davis and Pena-Rodriguez v. Colorado, both dealing with a blunt situation of racial bias in criminal trials.

In Buck v. Davis, an expert witness testified that the petitioner is more likely to be dangerous because he is Black and in Pena-Rodriguez v. Colorado, one of the jurors allegedly stated that he thought the defendant was guilty because he was Mexican. Both cases are currently before the United States Supreme Court.

Prof. Gershman concludes by saying that

It is almost impossible today to discuss any issue in criminal justice without at the same time discussing the role that race plays at every phase of the process. … given the increasing focus on protecting defendants against wrongful convictions, it is critical that a defendant’s constitutional right to a fair trial before an impartial jury not be corrupted by uniquely pernicious stereotypes promoted either by a purported “expert” witness or a bigoted juror. Both instances are so inflammatory as to destroy confidence in a jury’s verdict.