AT Backlash Backlash is speculative if true, it could lead to affirmative action placement on – it’s juries, which would be good Collins-Chobanian 09 Shari, phd in philosophy, prof @ of Paul Butler's Race-Based Jury Nullification ASU, “Analysis and His Call to Black Jurors and the African American Journal of Back Studies Community” 39.4, 2009, [, , ] Marder claims Marder's final criticism of Butler leads me to my final point. (1999b) that if Butler were successful, his "plan contains the judges and prosecutors would assume that Blacks would seeds of its own undoing" (p. 931). This is because nullify, and therefore, they would find some reason not to seat them on juries, thus placing Black jury service, a hard-won oppor-tunity, at risk. The check on this should not be to disregard Butler's proposal based on speculative consequences but instead to consider affirmative action for juries. Affirmative action for juries has been suggested for a number of rea-sons, including both historical and disclriminatory residential segregation, whereby it is often difficult to obtain a heterogeneous jury. "Because we do have such a history, choosing a jury 'neutrally' often means imposing on the jury a racial disproportion, the effects of which can be unfair to the defendant—or in some cases, to the prosecution" (Colb, 2002; see also Berger, 1998; Butler, 1997a; Marder, 2002b).
AT Backlash Backlash is speculative – if it’s true, it could lead to affirmative action placement on juries, which would be good Collins-Chobanian 09 Shari, phd in philosophy, prof @ ASU, “Analysis of Paul Butler's Race-Based Jury Nullification and His Call to Black Jurors and the African American Community” Journal of Back Studies 39.4, 2009, [, , ] Marder's final criticism of Butler leads me to my final point. Marder (1999b) claims that if Butler were successful, his "plan contains the seeds of its own undoing" (p. 931). This is because judges and prosecutors would assume that Blacks would nullify, and therefore, they would find some reason not to seat them on juries, thus placing Black jury service, a hard-won oppor-tunity, at risk. The check on this should not be to disregard Butler's proposal based on speculative consequences but instead to consider affirmative action for juries. Affirmative action for juries has been suggested for a number of rea-sons, including both historical and disclriminatory residential segregation, whereby it is often difficult to obtain a heterogeneous jury. "Because we do have such a history, choosing a jury 'neutrally' often means imposing on the jury a racial disproportion, the effects of which can be unfair to the defendant—or in some cases, to the prosecution" (Colb, 2002; see also Berger, 1998; Butler, 1997a; Marder, 2002b).
Premier-Debate-Brief-ND15.docx