KFBK's Legal Analyst Looks at Law That Allows Juror Bias Against Cops

KFBK's Legal Analyst Bill Portanova comments on new law AB 3070 which allow jurors a bias against law enforcement.

There is a fundamental principle that both sides are entitled to a fair and impartial jury in a criminal trial.

As part of that both prosecution and defense are given peremptory challenges to remove jurors who are biased.

Due to legislation in CA prosecutors can no longer remove biased jurors from juries for the following biases:

1)      Expressing distrust or having a negative experience with law enforcement or the criminal justice system

2)      Expressing a belief that law enforcement officers engage in racial profiling or that criminal laws have been enforced in a discriminatory manner

3)      Or having a close relationship with people who have been stopped, arrested or convicted of a crime

Meanwhile defense attorneys can still remove jurors who trust the police and have had good experiences with them. 

The reality of this law is that prosecutors are left with no choice but to not use peremptory challenges because any legitimate claim they make of removing a juror pursuant to law can be countered if the juror has said any of these things