The Supreme Court ruled on Monday that courts must make an exception to the usual rule that jury deliberations are secret when evidence emerges that those discussions were marred by racial or ethnic bias.
“Racial bias implicates unique historical, constitutional and institutional concerns,” Justice Anthony M. Kennedy wrote for the majority in the 5-to-3 decision.
The case arose from statements made during jury deliberations in a 2010 sexual assault trial. “I think he did it because he’s Mexican, and Mexican men take whatever they want,” a juror said of the defendant, according to sworn statements from other jurors submitted by defense lawyers after the trial was over.
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