The presence of bias in the
courtroom has the potential to undermine public faith in the adversarial
process, distort trial outcomes, and obfuscate the search for justice. In Pena-Rodriguez
v. Colorado, the United States Supreme Court recently held for the first
time that the Sixth Amendment required post-verdict judicial inquiry in
criminal cases where racial bias clearly served as a “significant motivating
factor” in juror decision-making. This panel will examine the manner in which
identity bias seeps into civil and criminal trials in the United States, the
extent to which such bias impacts jury and judicial decision-making, and the adequacy
of evidentiary rules and constitutional doctrine to ensure just trial outcomes.
Post- Foster v. Chapman, the panel will
consider how prosecutors are being trained to ensure Batson requirements
prohibiting racial bias does not play a role in selecting the jury.
Business meeting at program conclusion.