Racial bias is a fact of life. Just look at America’s prisons, where studies https://www.law.upenn.edu/live/news/2170-new-study-by-professor-david-s-abrams-confirms#.VhwCFHpVhBc reveal blacks are incarcerated at exponentially higher rates than their white counterparts for the same crimes.
Now, a prominent Las Vegas attorney hopes to root out racial bias in a case that he says is all about color.
Nyiesha Costa alleges in a lawsuit that her son, Nikhelais, is dead because of medical negligence. Costa’s attorney, Robert Eglet, is hoping to prevent racial bias from rearing its ugly head when jurors deliberate whether Summerlin Hospital and a slate of pediatricians met medical standards in the treatment of young Nikhelais.
In a motion that begins with a quote from To Kill A Mockingbird, in a case dubbed #Black Lives Matter, Eglet writes:
Studies show that white people utilize race, knowingly or unknowingly, to determine the value of a black life. Racial bias is a taboo, proverbial “elephant in the [court]room,” yet it is not addressed in jury selection.
It is with heavy hearts these counsel pose this Motion to Your Honor, but in legal history, there has been no better time for these issues to be understood and considered.
Among the questions Eglet hopes to ask prospective jurors:
-Do you have any bias against black people?
-Do you have any bias against mixed race coupling?
-Have you ever been a member of a racially biased group or organization?
Now, I’m not suggesting potential jurors would be less than scrupulously forthcoming when queried about who they hate. And I’ll be looking forward to the ruling on this particular motion.
But it if pleases the Court, may I offer a more reliable and less costly means of discerning individual prejudice? It’s called Facebook.
Here’s the motion: 20151009 P MtnAffirmBlackLivesMatter doc FINAL (1)