Prosecutors Can’t Strike Jurors for Their Race—Why Can They Strike Them for Distrusting Police?

Matthew Cavedon

Prosecutors don’t discriminate against black jurors simply out of racial animus. They do it because black Americans are, on average, more skeptical of police and prosecutors—and that skepticism is exactly what the government wants to keep out of the jury room. Fixing racial discrimination alone does not solve the problem. Only stopping prosecutors from striking jurors for being open to acquittal would do that.

Consider Pitchford v. Cain, a case in which the Supreme Court hears oral arguments today.