'Colorism' and the Law

, New York Law Journal


Amol Sinha writes: The underlying issue in the recent Court of Appeals case on whether skin color can be the basis for a Batson challenge was whether the defendant's Equal Protection and due process rights were violated by the trial court's exclusion of a juror with dark skin. However, another aspect that should not be overlooked is the broader implications on issues of race, color, and civic participation. Indeed, while the defendant's rights may have been in jeopardy, so was the Indian-American juror's ability to participate in a key function of civic society.

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