The last two times I reported for jury duty, I got kicked by the parties using peremptory challenges. The first time, I was working on post conviction record relief and it was a criminal case--a prosecutor's least favorite kind of juror. The second time, I held a more general legal position and it was a civil case. I think both times I got kicked it was because I’m an attorney and, well, attorneys think other attorneys won’t make good jurors. But, attorneys aren’t generally a protected class, and it’s totally kosher to keep us off of juries. At least, it's kosher as long as we’re kicked for our profession and not for our race, gender, or handful of other identifiers. In the prosecution of Sergeant Thomas, a case that implicated race, gender, and religion, the art of panel selection spawned a lot of creative interpretation.
I relied heavily on the ACCA and CAAF opinions. I also referred to the briefing, which is available on the ACCA website, and additional information about Batson.
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Disclaimer: Conduct Unbecoming is a podcast where I get to talk about interesting crimes and cases that involve US military service members. I research, write, and produce the podcast myself… the opinions expressed are my own and, perhaps it’s obvious, Conduct Unbecoming is not approved, endorsed, or authorized by the Department of Defense. I am not a military JAG and have never been a military JAG. While I'm a practicing attorney, I don't do direct criminal defense. This podcast is a passion project, not legal advice or expert opinion.
