REASONS TO EXCLUDE A JUROR

Below is a list of some reasons eligible jurors were rejected for service, which appeals courts have upheld as "race-neutral." The reasons are included in "Batson Basics," a reference guide given to new Dallas County prosecutors. The guide is distributed as part of the 2004 Prosecutor Trial Skills Course offered by the Texas District and County Attorneys Association.

• Agreed with O.J. Simpson verdict
• Favorite TV show was Judge Judy
• Distrust of newspapers
• Limited reading material: mystery, romance novels and the Bible
• No religious preference; participated in church activities
• Misspelled name of religion
• Watched gospel TV programs
• Single; unmarried with seven children
• Worried about child care
• Liberal; friends "smoked weed"
• Poor opinion of prostitutes, those in the illegal drug trade
• Had a 1970s hairdo, or long hair and a goatee
• Wore earrings (male) or a nose ring
• Wore sunglasses; T-shirt Malcolm X hat; pink hat
• Snakeskin belt; "Bad Boys Club" jacket
• Body language; poor facial expression
• Chewing gum
• Obese; very attractive
•  Didn't speak; very vocal
• Angry; expressionless
• Laughed at prosecutor's question Smiled at or flirted with defendant
• Inattentive, unresponsive or asleep
• Worked for a labor union
•  Teachers; postal workers; courthouse employees
•  Psychologists; consumer advocates

Below are reasons upheld as "race-neutral" by Dallas County felony judges. An asterisk means one judge ruled the excuse race-neutral while another considered it a pretext for race bias.

• Considers rehabilitation most important part of punishment
• Had gold teeth
• Had no teeth*
• Unkempt or disheveled
• Wore earrings or a ponytail (man)
• Jewelry*
• Wore sunglasses or hat in court
• Unhappy or had a bad attitude
• Sleeping or inattentive
• Smiled at defense attorney
• Gave defense lawyer "a look"
• Too liberal
• Job too menial; housekeeper
• Court reporter; attorney
• Teacher; truck driver
• Worked in financial industry
• Worked in prison system
• Family member in security business
• Unemployed or not employed long enough
• A 7th-grade education
• Foreign-born*
• Reads only professional journals
• Has narrow interests
• Gave bad first impression*
• Liked the prosecutor
• Looked bored or angry
• Inattentive
• Didn't fill in name on juror card
• Hesitated in answering question

SOURCE: Texas District & County Attorneys Association; Dallas Morning News review of 19 trials from 2002-05