SCOTUS Finds Racial Bias in 1986 Jury Selection



Thirty years ago, Timothy Tyrone Foster, a black man, was found guilty of molesting and killing a 79-year-old white woman. He was sentenced to death, though that execution has not been carried out.
Now, following a Supreme Court ruling, Foster has a chance at another trial, because the Supreme Court ruled that the prosecution intentionally kept black jurors off of the jury.
According to the court’s ruling, which seven of the eight justices supported, the prosecutors made a concerted effort to keep black people off the jury. This strategy resulted in an all-white jury for a trial in Georgia.
One black women was briefly considered, but was excused because she was supposedly too close in age to the defendant, but she was 34 while he was only 18.
The prosecution’s file contained several notes that specifically outlined a plan to prevent black citizens from sitting on the jury. The prosecution’s plan prevented Foster from being tried by a jury of his peers and it prevented black citizens from participating in the justice system.
Prosecution notes prove racial bias influenced jury selection in the murder trial of Timothy Tyrone Foster.
Photo: Death Penalty Info.
This ruling is an important one and could have a significant impact on the justice system. A number of black inmates, on death row or otherwise incarcerated, could be in prison simply because of race.
Biased jury selection is a serious problem. It allows the prosecution or defense to unfairly influence the outcome of the trial. They try to get jurors who will side with them despite the evidence. This practice is especially helpful in trials where a conviction might otherwise be impossible due to a lack of evidence.
Part of the problem is that lawyers can excuse jurors without reason during the selection process, which is how they were able to empanel an all-white jury in Foster’s case. There had been hope that the Supreme Court would limit lawyers’ ability to do this, but the ruling did not do so.

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