Edward Thomas - Poet and Soldier
Born into a Welsh family in Lambeth, London, Edward Thomas defied his father's wishes to pursue a civil service career and instead embarked on a writing journey that led him to meet poet Robert Frost. After enlisting in the Artists Rifles during World War I, Thomas produced over 140 poems reflecting on nature, war, and his experiences. His life tragically ended in battle, but his poetic legacy lives on, offering poignant reflections on the human condition and the impact of conflict on the individual.
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A New Era A New Era In Jury Selection In Jury Selection In California: In California: Preparing For And Preparing For And Complying With AB 3070 Complying With AB 3070 Association of Business Trial Lawyers January 26, 2021
What is AB 3070? What is AB 3070? Eliminating Discriminatory Exercise Eliminating Discriminatory Exercise Of Peremptory Challenges To Jurors Of Peremptory Challenges To Jurors Signed by Gov. Newsom on 9/30/20 Borrows much of its language from Washington State s General Rule 37, adopted effective April 24, 2018. Codified as Code of Civil Procedure section 231.7 Effective 1/1/22 in criminal trials; 1/1/26 in all trials 2
The Way Its Been: Intentional Bias The Way It s Been: Intentional Bias Batson/Wheeler/Johnson Batson/Wheeler/Johnson People v. Wheeler (1978) 22 Cal.3d 258 Batson v. Kentucky (1986) 476 U.S. 79 Johnson v. California (2005) 545 U.S. 162 Code of Civil Procedure 231.5: can t use peremptory to remove juror based on assumption of bias because of juror s race, sex, etc. 3
WHEELER/JOHNSON PROCEDURE: PURPOSEFUL BIAS WHEELER/JOHNSON PROCEDURE: PURPOSEFUL BIAS Objector must make prima facie showing of purposeful discrimination Produce evidence that permits inference that discrimination occurred Court may raise issue on its own motion Trial judge evaluates and rules on prima facie showing If showing insufficient, court denies motion and states findings If showing sufficient, court asks challenging party to explain reason(s) Trial judge evaluates stated nondiscriminatory/neutral justifications: a subjectivetest of the party s actual (conscious) motivations Motion is granted or denied If granted, court considers remedies Reseating excused juror New panel Mistrial 4
CCP 231.7 CCP 231.7: Addressing : Addressing U Unconscious Purpose: eliminate unfair exclusion of jurors through peremptory challenges based on actual or perceived race, ethnicity, gender, gender identity, sexual orientation, national origin or religious affiliation Current procedure ineffective: requires proof of intentional bias Reasons given to justify exclusion often based on stereotypes Makes some justifications presumptively invalid Acknowledges unconscious bias nconscious B Bias ias 5
CCP 231.7 PROCEDURE CCP 231.7 PROCEDURE Court evaluates stated reasons in totality of circumstances Sustain objection if substantial likelihood that objectively reasonable person would view actual/perceived group membership as a factor Substantial likelihood: more than possibility, less than more likely than not Objectively reasonable person: knows about unconscious bias which includes implicit and institutional biases 6
Factors Court May Consider, Not Limited To: Factors Court May Consider, Not Limited To: Objector is in same group as juror Victim/witness/party is not in same group as juror Whether race, gender, etc. bear on facts of the case Number and types of questions posed to juror by challenger Did not ask juror questions about concerns later stated Only asked questions in cursory manner Asked different questions to jurors in a group Stated reason disproportionately associated with a group Stated reason contrary to/inconsistent with record Whether the counsel or counsel s office has a history of violations or disproportionate use of peremptory challenges. 7
Presumptively Invalid Justifications Must Be Rebutted Presumptively Invalid Justifications Must Be Rebutted By Clear And Convincing Evidence By Clear And Convincing Evidence Distrust or bad experience with law enforcement Belief that law enforcement discriminates Close relationship with people stopped, arrested, convicted Juror s neighborhood Having child outside marriage Receiving state benefits Not being a native speaker of English; ability to speak another language Dress, attire, appearance Unemployment, underemployment Apparent friendliness toward juror who is/appears to be member of group 8
Historic Discriminatory Reasons Historic Discriminatory Reasons Presumptively Invalid Presumptively Invalid Unless Confirmed By Court Or Objector Unless Confirmed By Court Or Objector Juror inattentive, staring, does not make eye contact Lack of rapport Problematic attitude, body language, or demeanor Juror provided unintelligent or confused answers Challenger Must Explain Why Behavior Matters 9
