Maggie E. O'Grady, A Jury of Your Skinny Peers: Weight-Based Peremptory Challenges and the Culture of Fat Bias, 7 Stan. J. C.R. & C.L. 47 (2011).
Introduction: It is legal to discriminate against someone because he or she is fat. In the context of peremptory challenges, not only is such discrimination legal, but an integral part of the justice system's often fruitless pursuit of an impartial jury. Peremptory challenges are granted by statute and allow attorneys to strike a certain number of potential jurors at the onset of jury selection, based on the belief that they may be biased against the attorney's client. An attorney may not issue a peremptory challenge against a prospective juror because of the juror's race, sex, or national origin, but an attorney may strike a juror based on the juror's weight.
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