Bill > H1903

This bill addresses racial disparity in jury selection by making significant changes to jury selection procedures in Massachusetts. The bill first removes language that disqualifies individuals convicted of a felony within the past seven years from jury service, and then establishes new rules for challenging potential jurors through peremptory challenges. Under the new provisions, parties can object to a peremptory challenge if they believe it may be based on racial or ethnic bias, and the court can independently raise such an objection. When challenged, the party exercising the peremptory challenge must provide a detailed explanation for their decision, and the court will evaluate these reasons using a comprehensive set of criteria, including the types of questions asked, the nature of the questions, and whether the reasons might be disproportionately associated with a specific race or ethnicity. The bill explicitly lists several presumptively invalid reasons for excluding a juror, such as having prior contact with law enforcement, living in a high-crime neighborhood, or not being a native English speaker. Additionally, if a challenge is based on a juror's conduct, that conduct must be independently corroborated by the judge or opposing counsel. The overall goal is to reduce racially motivated jury exclusions and ensure a more representative and fair jury selection process.

Justice

https://malegislature.gov/Bills/194/H1903