The Yale Law Journal

James Forman Jr.

Essay

Juries and Race in the Nineteenth Century

James Forman Jr.

113 Yale L.J. 895 (2004)

The Supreme Court's jurisprudence on criminal juries has overlooked an important piece of history. This is most notable in the context of its jury discrimination jurisprudence over the past twenty years. In Batson v. Kentucky, the Court held that the Equal Protection Clause p…