Description
Nina Chernoff of CUNY School of Law, Dr. Leslie Ellis of The Caissa Group, and Judge Gregory Mize (Ret.) of the Superior Court of the District of Columbia and National Center for State Courts will share their experiences and insights with respect to promoting jury diversity. Here is an outline of their anticipated discussion:
Pre-Trial Considerations:
- Why jury diversity is important
o Importance in both civil and criminal trials
o Data dive into how diverse and homogenous juries deliberate differently
o Client buy-in: How to change client thinking about jury diversity
o Looking beyond the box: Framing diversity today, including pre and post pandemic, nuclear verdicts, and more!
- How to litigate pre-trial Fair Cross Section claims:
o Discrimination: the distinction between fair cross-section and equal protection claims
o The three elements of a fair cross-section claim
o Examples of non-discriminatory accidents that can constitute fair cross-section violations
o The key to success: Litigating access to jury system records
Trial Considerations:
- Judicial perspectives on current litigation and court administration tools aimed at improving juror diversity: What is working and what’s not
o Jury pool
o Voir dire: For cause and preemptory challenges
o What diversity measures have stagnated, new efforts showing promise, and where (technology influences that will help or hinder diverse jurors)
o Best practices for jury selection to identify bias
o The tension between improving diversity and eliminating bias
o Charges and important implicit bias considerations
o Creating a record for post-trial motions related to jury conduct/diversity issues