Prosecutors, who have wide discretion in choosing where a case will be tried, often consider the racial composition of the jury pool, along with other factors, in deciding the venue of a trial. That is simply a fact of life that few will dispute.
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By Alan M. Dershowitz, opinion contributor
August 7, 2017
OPINION | prosecutors and defense attorneys do not like to talk about but which plays a significant role in jury selection, as the Supreme Court has recognized. A predominantly white jury can be a different institution than a predominantly black jury. Again, there is no one-to-one association; predominantly black juries convict black defendants and acquit white defendants all the time, and predominantly white juries acquit black defendants and convict white defendants as well. But to say that race doesn’t matter at all blinks reality — or at least that’s what most experienced prosecutors and defense attorneys will tell you, when speaking off the record.