Some say "Black," others say "White," a prospective juror (C.D.) in a criminal case in Connecticut (State v. Edwards) said "Human." The juror's response led the prosecution to exercise a peremptory to remove her.
Not surprising, the prosecution's use of the peremptory was challenged by defense counsel pursuant to Batson. The trial court overruled the defense's objection and the state high court affirmed the defendant's conviction. The Connecticut Supreme Court ultimately determined that
"[t]he specific race with which C.D. identified… would encompass all persons, regardless of their physical characteristics, ancestry or ethnicity...Thus, the use of a peremptory challenge against an individual who identifies as being part of the human race cannot logically be facially race-based."
It should be noted that the juror appeared to be African-American which was same race as the defendant.
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