A group of attorneys, including representatives from the ACLU, are challenging the constitutionality of Kansas’ death penalty on the grounds of racial bias in jury selection. The challenge, centered around the case of Hugo Villanueva, who was charged in a shooting at a Kansas bar, argues that the system disproportionately discriminates against Black people, women, and individuals of certain faiths who may oppose capital punishment. Experts testified that the death penalty process in Kansas is fraught with racism and errors, denying individuals their constitutional right to a fair trial. The defense argued that the application of the death penalty in Kansas violated the state constitution.
The judge did not issue a decision following closing arguments and has allowed time for written arguments from both the defense and prosecution. Villanueva’s trial is set for 2026 and the Kansas Supreme Court previously rejected arguments that the state’s law on jury selection was constitutional. The challenge to the death penalty is based on research that shows racial bias in the jury selection process and discrimination against certain groups, ultimately questioning the fairness and accuracy of capital punishment in Kansas.
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