Overweight jurors more sympathetic?

January 13, 2009 at 10:37 am | Posted in Law in the News | Leave a comment
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According to the Wait A Second Blog:  During jury selection in Dolphy v Mantello, defendant’s lawyer raised a Batson challenge after the prosecutor struck an African American juror.  A Batson challenge requires the prosecutor to give a race-neutral reason for rejecting the juror.  That did not happen.  The explanation given by the prosecution was that the juror was obese.   Here are the prosecutor’s words:  “I do not select overweight people on the jury panel for reasons that, based on my reading and past experience, that heavy-set people tend to be very sympathetic toward any defendant.”

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