Skip to content Skip to main menu
  • News
  • Events
  • Law Library
  • Giving
  • Alumni
  • Quicklinks

    • Academic Calendar
    • bCourses Overview
    • bCourses Link
    • Business Services
    • Schedule of Classes
    • View Evaluations
    • Identity Resources
    • RoloLaw
    • COVID-19 Protocols
    • Event, Catering and Food Policy
    • Emergency Info
    • Resource Hub for Faculty & Staff

    Support

    • Reporting Potential COVID-19 Cases
    • COVID-19 Remote Teaching Resources
    • Computing Support
    • Faculty Support Unit
    • Berkeley Law Events
    • Faculty Services (Library)
    • Human Resources & Academic Personnel
    • Instructional Technology
    • Phones
    • Room Reservations
    • Building Services
    • Resources to Respond to Sexual Harassment
  • Quicklinks

    • Academic Calendar
    • b-Line
    • Berkeley Law Facebook
    • Financial Aid
    • Faculty Profiles
    • Schedule of Classes
    • Teaching Evaluations
    • Final Exam Review Session Schedule
    • Exams
    • Final Exam Schedule
    • CalCentral
    • COVID-19 Protocols
    • Event, Catering and Food Policy
    • Emergency Info
    • Resource Hub for Students

    Student Services

    • Reporting Potential COVID-19 Cases
    • Student Services Office
    • Academic Skills Program
    • Student Organizations
    • Student Journals
    • Commencement
    • Frequently Asked Questions & Rule Clarifications
    • Bookstore
    • Wellness at Berkeley Law
    • Mindfulness at Berkeley Law
    • Registrar
    • University Health Services
    • Resources to Respond to Sexual Harassment
    • Inclusive Restrooms
  • Search for People at Berkeley Law

Berkeley Law
    • Academics Home
    • Areas of Study
      • Social Justice and Public Interest
        • Curriculum
          • J.D. Path
          • LL.M. Path
        • Social Justice+Public Interest Community at Berkeley Law
          • Public Interest and Pro Bono Graduation
      • Business and Start-ups
        • Business Law Curriculum
        • Business Law Faculty
      • Law and Technology
        • Student Activities
        • Law and Tech Curriculum
        • Law and Tech Faculty
      • Environmental Law
      • Criminal Justice
      • International and Comparative Law
        • Centers, Clinics, and Programs
        • Faculty
        • Student Activities
      • Constitutional and Regulatory
      • Law and Economics
        • Faculty
        • Prospective Students
        • Visiting Scholars
        • Law and Economics Fellowship
    • J.D. Program
      • First-Year Curriculum
      • Concurrent Degree Programs
      • Combined Degree Programs
      • Berkeley-Harvard Degree Programs
    • LL.M. Programs
      • LL.M. Executive Track
        • LL.M. Executive Track Academic Calendar
          • 2022 LL.M. Executive Track Academic Calendar
        • LL.M. Executive Track Courses
      • LL.M. Traditional Track
        • Current Academic Calendars
      • LL.M. Thesis Track
        • LL.M. Thesis Track Student Profiles
        • Current Academic Calendars
      • LL.M. Courses
      • Certificates of Specialization
      • Application & Admission
        • Steps to Apply
        • Application Forms & Deadlines
        • Eligibility & Admission Standards
        • Application Checklist
        • Admissions Policies
        • Check Application Status
      • Tuition & Financial Aid
        • Cost of Attendance
        • Scholarships
        • Financial Aid
          • Financial Aid Checklist for LL.M./J.S.D. Students
        • FAQ Financial Aid
      • Professional Development
      • Admitted Students
        • Visas
        • Housing for LL.M. Students
        • Cancellation & Refund Policies
      • Join an Event & Connect with LL.M. Staff
        • Recruiting and Informational Events
        • Visit Us!
        • Contact Us
      • Meet Our Students
      • Meet Our Partners
      • Questions? Start Here
    • Doctoral Programs
      • J.S.D. Program
        • Application & Admission
          • Steps to Apply
          • Application Form & Deadline
          • Eligibility & Admission Standards
          • Application Checklist
          • Check Application Status
        • J.S.D. Tuition & Financial Aid
          • Cost of Attendance for JSD
          • Robbins J.S.D. Fellowship
        • J.S.D. Student Profiles
          • Zehra Betul Ayranci
          • Ella Corren
          • Silvia Fregoni
          • George Lambeth Vicent
          • Sylvia Si-Wei Lu
          • Natsuda Rattamanee
          • Youngmin Seo
          • Abdullah Alkayat Alazemi ’21
          • Mehtab Khan ’21
          • Maximilien Zahnd ’21
          • Shao-Man Lee ’20
          • Alvaro Pereira ’20
        • Contact Us
      • Ph.D. Program – Jurisprudence and Social Policy (JSP)
        • Events Calendar »
    • Executive Education
    • Schedule of Classes
      • Two Year Curriculum Plan
    • Current Academic Calendars
      • 2022-2023 Academic Calendar
      • Past Academic Calendars
        • 2021-2022 Academic Calendar
        • 2020-2021 Academic Calendar
        • 2019-2020 Academic Calendar
        • 2018-2019 Academic Calendar
        • 2017-2018 Academic Calendar
        • 2016-2017 Academic Calendar
        • 2015-2016 Academic Calendar
        • 2014-2015 Academic Calendar
        • 2013-2014 Academic Calendar
        • 2012-2013 Academic Calendar
        • 2011-2012 Academic Calendar
        • 2010-2011 Academic Calendar
        • 2009-2010 Academic Calendar
        • 2008-2009 Academic Calendar
      • Future Academic Calendars
        • 2023-2024 Academic Calendar
    • Registrar
      • Order of the Coif and Dean’s List
      • Academic Rules
        • Supplemental Academic Rules for Traditional and Thesis Track LL.M. Students
        • Academic Honor Code
        • Academic Rules Petition
        • Academic Rule 3.06 – applies to the Class of 2010 and before
        • Credit Hours
      • Registration
      • Transcripts
      • Verification of Attendance
      • Registrar’s Forms
      • Ordering a Diploma »
      • J.D. Academic Guidance
        • 3L Requirements FAQ
        • 3L Degree Worksheet
      • Registrar’s Student FAQ
      • Bar Information
        • State Bar Swearing-In Ceremony Information
    • Admissions Home
    • J.D. Admissions
      • Applying for the J.D. Degree
        • Ready to Apply
        • After You’ve Applied
        • FAQs
      • Entering Class Profile
      • Connect with Admissions
        • Plan Your Visit
        • Virtual Engagement
        • Recruitment Events
        • View the Prospectus
        • Contact LL.M. Admissions
        • Contact J.S.P. Admissions
      • Meet Our Students
      • Studying at Berkeley Law
      • Living in the Bay Area
      • Diversity at Berkeley Law
        • Diversity News
      • Concurrent & Combined Degree Programs
      • Faculty Admissions Policy
      • Financial Aid
        • Prospective and Entering Students
          • Entering Student Registration & Financial Aid Information
          • Financial Aid for International J.D. Students
          • Financial Aid for Undocumented J.D. Students
          • Legal Resident Information
        • Types of Aid
          • Scholarships
          • Loans
          • Work-Study
          • Native American Opportunity Plan
        • How to Apply
          • Financial Aid Checklist & Timeline For Entering Students
          • Financial Aid Checklist & Timeline For Continuing Students
          • Financial Aid Checklist & Timeline For Incoming Transfer Students
        • Fees & Cost of Attendance
          • Cost of Attendance Adjustments
        • PDST-Increase Offset Awards (PIOAs)
        • Forms
        • Loan Repayment Assistance Program (LRAP)
          • LRAP Eligibility Guidelines
          • LRAP Eligibility Calculator
          • How to Apply for LRAP
          • LRAP Application Forms
          • Public Service Loan Forgiveness (PSLF)
          • News & Updates
          • LRAP & PSLF Testimonials
          • LRAP FAQs
        • Info Sessions & Presentations
        • Financial Literacy
        • Financial Aid – J.D. Concurrent Degree Programs
        • FAQ & Glossary
        • Requesting a Financial Aid Award for a Student
        • About Our Team
      • Outreach Partnerships
      • Admitted Students – First-Year »
      • Admitted Students – Transfer & Visitor Status »
      • For Current Berkeley Law Students
      • Admissions Policies
      • ABA Required Disclosures »
      • Our Role in Dismantling Systemic Racism
    • LL.M. Admissions
    • J.S.D. Admissions
    • Ph.D. (JSP) Admissions
    • Visiting Scholar and Visiting Student Researcher Admissions
    • Faculty & Research Home
    • Faculty Experts by Topic
    • Faculty Profiles
    • Deans Emeritus Lecturers
    • Recent Faculty Scholarship
    • Awards and Honors
    • Faculty in the News
    • Featured Research
    • Centers, Institutes & Initiatives
    • Experiential Home
    • Clinical Program
      • Apply to the Clinics
      • Death Penalty Clinic
        • About the Clinic
          • Faculty and Staff
          • Alumni
        • Clinic News
        • Projects and Cases
          • Death Penalty Clinic Amicus Curiae Briefs
          • Whitewashing the Jury Box: How California Perpetuates the Discriminatory Exclusion of Black and Latinx Jurors
        • Information for Students
        • Resources and Publications
          • Capital Defense Internships and Jobs
        • Donate to the Clinic
      • East Bay Community Law Center
      • Environmental Law Clinic
        • About the Clinic
        • Information for Students
        • Newsletters
        • Clinic News
        • Student Voices
        • Faculty and Staff
        • Alumni
        • Donate to the Clinic
      • International Human Rights Law Clinic
        • About the Clinic
          • Alumni
          • Faculty and Staff
        • Clinic News
        • Projects and Cases
          • Accountability and Transitional Justice
          • Promoting Human Rights in the United States
          • A Rights-Based Approach to Combating Poverty: Economic, Social & Cultural Rights
          • Counter-Terrorism and Human Rights
        • Family Members of Anastasio Hernandez Rojas vs. United States
        • Independent Investigation of the Murder of Berta Cáceres
        • Living with Impunity: Unsolved Murders in Oakland and the Human Rights Impact on Victims’ Family Members
        • A New Border Vision
        • Who Will Be Left to Defend Human Rights? Persecution of Online Expression in the Gulf and Neighboring Countries
        • Resources and Publications by Focal Area
        • Information for Students
          • Student Self-Reflection
        • IHRLC 20th Anniversary
        • Donate to the Clinic
      • New Business Community Law Clinic
        • About the Clinic
        • Information for Students
        • Our Work
        • Services to California’s Central Valley
        • New Businesses
        • Events
        • Apply for Services
        • Donate to the Clinic
        • 2014 Fall Startup Workshop Series
      • Policy Advocacy Clinic
        • About Us
        • People
        • Clinic News
        • Juvenile Fee Abolition in California
          • COVID-19 Action on Juvenile Fees
        • Resources and Publications
        • Information for Students
        • Donate to the Clinic
      • Samuelson Law, Technology & Public Policy Clinic
        • About
          • Faculty and Staff
          • Clinic Alumni
          • Partners
        • Clinic News
        • Our Work
        • Information for Students
      • Clinical Program Annual Report
        • Annual Report Archive
      • The Brian M. Sax Prize for Excellence in Clinical Advocacy
        • Brian M. Sax
        • Recipients
    • Pro Bono Program
      • The Pro Bono Pledge
        • Definition of Pro Bono
      • Log Your Pro Bono Hours
        • Definition of Pro Bono
      • Student-Initiated Legal Services Projects (SLPS)
        • How to Apply
        • Current Student-Initiated Legal Services Projects
          • Animal Law and Advocacy
          • Arts and Innovation Representation
          • Berkeley Immigration Group
          • Berkeley Law Anti-Trafficking Project
          • Berkeley Law and Organizing Collective
          • California Asylum Representation Clinic
          • Clean Energy Leaders In Law
          • Community Defense Project
          • Consumer Protection Public Policy Order
          • Contra Costa Reentry Project
          • Digital Rights Project
          • Disability Rights Project
          • East Bay Dreamers Project
          • Environmental Conservation Outreach
          • Family Defense Project
          • Food Justice Project
          • Foster Education Project
          • Free The Land Project
          • Gun Violence Prevention Project
          • Homelessness Service Project
          • International Human Rights Workshop
          • International Refugee Assistance Project
          • La Alianza Workers’ and Tenants’ Rights Clinic
          • Legal Automation Workshop
          • Legal Obstacles Veterans Encounter
          • Name and Gender Change Workshop
          • Native American Legal Assistance Project
          • Palestine Advocacy Legal Assistance Project
          • Police Review Project
          • Political and Election Empowerment Project
          • Post-Conviction Advocacy Project
          • Reentry Advocacy Project
          • Reproductive Justice Project
          • Startup Law Initiative
          • Survivor Advocacy Project
          • Tenants’ Rights Workshop
          • Wage Justice Clinic
          • Workers’ Rights Clinic
          • Workers’ Rights Disability Law Clinic
          • Youth Advocacy Project
        • How to Start a New SLP
        • Inactive Student-Initiated Legal Services Projects
          • AI Legal Workshop
          • Berkeley Abolitionist Lawyering Project
          • Berkeley Immigration Law Clinic
          • Berkeley Students in Support of Arts and Innovation
          • Civil Rights Outreach Project (CROP)
          • Community Restorative Justice Project
          • Juvenile Hall Outreach
          • Karuk-Berkeley Collaborative Legal
          • Local Economies and Entrepreneurship Project
          • Prisoner Advocacy Network
        • SLPS Champions
      • Berkeley Law Alternative Service Trips (BLAST)
        • Current Berkeley Law Alternative Service Trips (BLAST)
          • Alaska
          • U.S./Mexico Border
          • Atlanta
          • Central Valley
          • Hawai’i
          • Mississippi
        • Inactive Berkeley Law Alternative Service Trips
          • Kentucky
          • Los Angeles
          • South Texas
          • Tijuana
      • Call for Necessary Engagement in Community & Timely Response (CNECT)
        • Berkeley Law Afghanistan Project
        • Current & Past CNECT Partners
          • Hub for Equity in Administrative Representation
          • Racial Justice Legal Research Bank Project
        • CNECT News
      • Independent Projects
      • Opportunities for LL.M. Students
      • Supervising Attorneys
      • Pro Bono Spotlights
        • Caity Lynch, JD ’25
        • Berkeley Immigration Group SLP Supervising Attorneys
        • Family Defense Project
        • Gabby Cirelli, JD ’24
        • Brooke D’Amore Bradley, JD ’23
        • Taiya Tkachuk, ’24
        • Emily Chuah ’24
        • Malak Afaneh ’24
        • KeAndra Hollis ’24
        • Maripau Paz ’24
        • Lucero Cordova ’23
        • Bharti Tyagi ’21
        • Benji Martinez ’23
        • Will Morrow ’23
        • Stephanie Clemente ’23
        • Francesco Arreaga ’21
        • Armbien Sabillo ’21
        • Kelsey Peden ’21
        • Jennifer Sherman ‘22
        • Professor Khiara M. Bridges
        • Professor Kristen Holmquist
      • Awards
      • Law Firm Pro Bono Programs
      • New York Bar Pro Bono Requirement
      • For Public Interest & Pro Bono Providers
    • Professional Skills Program
      • Legal Research, Analysis, and Writing Program
      • Elective Skills Courses
      • Advocacy Competitions Program
        • Tryout Procedures
        • Student Eligibility & How to Contact Us
        • Internal Competitions
          • McBaine Honors Moot Court
          • Halloum Negotiations Competition (Spring)
          • Halloum Business Competition (Fall)
          • Bales Trial Competition
          • Pahlke Internal Trial Competition (PINT)
        • External Competitions
          • Alternative Dispute Resolution (ADR) Team
          • Moot Court Team
          • Trial Team
        • Writing Competitions
        • Our Supporters
    • Field Placement Program
      • Testimonials
      • How to Apply
      • Judicial Externships
      • Civil Field Placements
      • Criminal Field Placements
      • Away Field Placements
        • Berkeley Law in The Hague
        • INHR Program
        • UCDC Law Program
      • For Supervisors and Host Organizations
        • BACE: Bay Area Consortium on Externships
      • Administrative Rules
      • Frequently Asked Questions
    • Startup@BerkeleyLaw
      • Law Students
      • Entrepreneurs
        • Resources
        • How to Start a Startup @ Cal
        • FORM+FUND
          • FORM+FUND Fall 2020 Video Library
          • FORM+FUND Fall 2021 Video Library
          • FORM+FUND Spring 2021 Video Library
        • BerkeleyBase
        • Startup Law Initiative
      • Investors
    • Domestic Violence Field Placement
      • About the Director
      • How to Apply
      • Companion Seminar
      • Impact of DVP
      • Student Writing
    • Veterans Law Practicum
    • Careers Home
    • For J.D. Students
      • Appointments and Drop-in Hours
      • Private Sector Careers
        • Explore Private Sector Careers
        • Find Private Sector Jobs
          • 2022 OCI: EIW & FIP
          • OCI Alternatives
          • SIP – Spring 2023
      • Public Interest Careers
        • Explore Public Interest
          • Public Interest/Public Sector Employer Events & Resources
        • Find Public Interest Jobs
          • PI/PS Interviewing Resources
          • Using Interview Programs to Land Your 1L Summer Job
          • Post-Graduate Public Interest Fellowships
          • PI/PS Job Search Videos
        • Finance Your Public Interest Career
          • Summer Funding for PI/PS Internships & Judicial Externships
          • Berkeley Law Bridge and Public Interest Fellowships
      • Public Sector Careers
        • Federal Government Careers
        • State & Local Government Careers (incl. CA)
        • Careers in Policy/Politics
      • Judicial Clerkships
        • Application Instructions and Materials
        • OSCAR Resources
        • Clerkship and Interview Evaluations
        • Other Clerkship Resources
        • Videos of Clerkship Programs
        • State Court Resources
      • Judicial Externships
      • Academic Careers
        • FAQ
        • Further Reading
        • Alumni Contacts
        • Links
        • Webcasts
      • Alternative Careers
    • For LL.M. Students
    • For Employers
      • Berkeley Law Recruiting Policies
      • Employer Resources for Virtual Internship Programs
      • Non Discrimination and Non Harassment Policies
      • Grading Policy
      • Interview Programs
      • Posting Job Listings
      • Reaching Berkeley Law J.D. Students
    • PSJD »
    • For Alumni
      • Enrichment Opportunities for Recent Grads
      • CDO Online Resources
      • Alumni Resource Collection
      • Help the CDO
      • For Recent Graduate Job-Seekers
    • About CDO
      • CDO Staff News
    • Career Resource Library
    • Employment Outcomes
      • Employment Statistics
      • Judicial Clerkship Placement Statistics
      • 2018 Clerkship Yearbook
  • Racial Justice
Home Articles News Berkeley Law Clinic Helps Spur National Movement to Make Juries More Diverse

Berkeley Law Clinic Helps Spur National Movement to Make Juries More Diverse

Max Endicott ’22, Maddy Pilgrim ’22, and Aysha Spencer ’22
Death Penalty Clinic students Max Endicott ’22, Aysha Spencer ’22, and Maddy Pilgrim ’22 (left to right) helped produce a report analyzing more than 200 Kansas jury selection cases that showed the courts have not addressed racial discrimination by prosecutors. Photo credit: Brittany Hosea-Small
  • Share article on Facebook
  • Share article on Twitter
  • Share article on LinkedIn
  • Email article

By Sarah Weld

Key research by Berkeley Law’s Death Penalty Clinic is helping courts and state legislatures tackle racial discrimination in jury selection across the country.

The clinic’s 2020 Whitewashing the Jury Box report, which found racial discrimination by prosecutors in jury selection in California, led directly to a new law that same year dramatically altering how criminal trial juries are selected in the state.

This year, attorneys representing a Kansas client facing the death penalty asked Clinic Co-Director Elisabeth Semel to help prove that such punishment violates the state constitution. They asked the clinic to analyze more than 200 Kansas jury selection cases to see if courts had addressed racial discrimination by prosecutors.

Elisabeth Semel
Elisabeth Semel, Death Penalty Clinic co-director and Chancellor’s Clinical Professor of Law

“We turned to Professor Semel and the Death Penalty Clinic because of the clinic’s outstanding report about jury selection in California. The report detailed how and why existing law failed to prevent discrimination in jury selection,” says Cassy Stubbs, director of the ACLU Capital Punishment Project. “Professor Semel and the students compiled their results in a comprehensive and devastating report detailing the systemic discrimination against jurors of color in Kansas.”

The clinic’s new report is part of a challenge to the Kansas death penalty statute brought by the ACLU, the ACLU of Kansas, and the law firm Hogan Lovells in Kansas v. Cornell McNeal.

The clinic’s Kansas research very much mirrored the results of its California report, including why and how often prosecutors removed Black prospective jurors. In its 2020 study, the clinic looked closely at California’s long history of excluding people of color — particularly African Americans — from criminal trial juries through prosecutors’ peremptory challenges. By statute, lawyers on both sides are allowed a set number of peremptory challenges, which they may use to excuse potential jurors without stating a reason.

In 1986, the U.S. Supreme Court decided in Batson v. Kentucky that the Constitution prohibits a peremptory challenge when it is based on race. The Court imposed a limit on the use of peremptory challenges, which it extended to strikes based on ethnicity and gender, and states have extended to other categories such as national origin and sexual orientation. 

Yet Batson requires anyone objecting to a peremptory challenge to prove the strike was intentionally discriminatory, leaving no room for a court to consider implicit bias. The clinic’s research shows how Batson has done little to prevent prosecutors from removing the majority of prospective Black and Latino jurors.

“We were looking at the big picture in Kansas since 1986 when Batson was decided. How has Batson functioned there? Has it proved to be an effective method for protecting equal rights, or has it been a failure? Our answer is: It’s no more effective in Kansas than in any other state,” says Semel, who also wrote comments for a New Jersey Supreme Court conference on the issue last year.

Semel and students Max Endicott ’22 and Maddy Pilgrim ’22 reviewed 208 opinions involving Batson challenges decided by the Kansas Supreme Court or Court of Appeals between 1987 and 2021, and Alexis Hoffman ’22, Devin Oliver ’22, and Aysha Spencer ’22 helped prepare and finalize the report. They found that, similar to the clinic’s California findings, Kansas prosecutors have disproportionately exercised peremptory strikes against Black jurors, and despite Batson’s objective, relied upon racial stereotypes to justify their strikes. 

Prosecutors removed at least half of the jurors of color in more than half of the cases, and removed all of them in at least one-third of the cases. Their challenges were often based on racial stereotypes such as the jurors’ demeanor or appearance, a negative experience with law enforcement, the nature of their employment, or where they live.

“The courts find over and over again that prosecutors have not engaged in intentional discrimination,” Semel says. “Often their strikes are the product of implicit and unconscious racism. Batson does not prohibit that kind of conduct.”

Sparking a movement 

The clinic’s work on this issue in Kansas and California reflects a growing trend since 2018, when the Washington Supreme Court became the nation’s first to adopt a rule aimed at eliminating implicit racial bias in jury selection.

And since California’s Assembly Bill 3070 passed in 2020, the clinic has been tracking efforts by other states to confront racial discrimination in jury selection by reforming Batson. So far, just under 10 states have released their own reports and recommendations. Still others are exploring significant changes through the legislature and courts, many of them using California’s law or the Washington rule as a starting point.

While Semel emphasizes that the clinic will always remain committed to representing clients facing the death penalty, she welcomes the chance to advance sweeping policy change.

“My ambition is for every state and the federal judicial system to abandon Batson and replace it with a procedure that looks similar to Washington’s General Rule 37 or California’s AB 3070,” Semel says. “This is admittedly a big lift and will require participation from stakeholders in every jurisdiction. As a litigator, I have worked on this issue for many years, losing more than winning. It is exciting to be engaged in an effort that promises structural change.”

The students agree.

“It felt so impactful to be a part of something that would be tangible, lasting, and could be looked to in the future for policy changes,” says Pilgrim, who along with Endicott, had primary responsibility for analyzing the data. “I thought we were setting out to set Kansas apart, but really we were documenting that Kansas was just like every state across the U.S. Batson fails everyone, everywhere, because it was never meant to actually protect anyone.”

Major satisfaction

The students who worked intensely reviewing hundreds of cases over a short three-month period impressed the group of veteran attorneys handling the Kansas case. 

“The amount of work Lis and her students conducted on a very tight timeline was truly staggering. They were absolutely phenomenal,” says Katie Ali, a partner at Hogan Lovells. “They worked tirelessly — literally around the clock at times — to put together a thorough and compelling report that left no doubt that jury selection in Kansas capital cases suffers from systemic racial bias.”

Whitewashing the Jury Box
The Death Penalty Clinic’s Whitewashing the Jury Box report was the basis for a 2020 California law altering how criminal trial juries are selected in the state.

The students describe working on the report as one of the highlights of their law school years, illustrating how clinical education complements the traditional classroom model.

“The Death Penalty Clinic was the most intense experience I had in law school. It forced me to elevate my game. Once a week I would meet with Lis and have my memos dissected by an expert legal mind. I have never had that kind of attention before,” says Max Endicott ’22, who will work as a public defender at the Bronx Defenders this fall. 

“That kind of one-on-one review of your work and ability to discuss legal ideas, and have your writing style and skills challenged, is a unique experience. The doctrinal classes help give you the foundation and the experiential opportunities really hammer it home and make it practical.”

Spencer agrees that the individual attention she received from Semel was invaluable. 

“To have such a devoted, brilliant advocate hone your writing word by word, punctuation by punctuation, line by line is an honor few have,” says Spencer, who will work at Kirkland and Ellis in Texas. “I got to not only see on a daily basis how such an extraordinary legal mind works, but also tussle with her in the best way on how we should advocate for our clients, and our disagreements made not only us better but our work product even better. I cried every day for a month leading up to graduating from Berkeley Law and the reality that I would have to leave the clinic was a big part of that.” 

Through participating in a clinic, students can try real-world lawyering, immersing themselves in hands-on legal work and acquiring skills that prepare them for a wide range of legal careers.

“Aside from the invaluable research and writing skills, mentorship, and experience in the capital litigation process, I learned how to keep hope going and keep acting on it. The clinic has set the tone for my future career as a public defender, giving me the skills necessary to keep up the fight for my clients,” says Pilgrim, who will be a graduate law clerk at Contra Costa Public Defenders.

Next steps

Since the clinic filed its report in the Kansas case, there has been good news for the client, Cornell McNeal.

“Shortly after we filed the expert reports and briefs in this case, the State announced it is no longer seeking the death penalty against Mr. McNeal, a tremendous victory for our client. Mr. McNeal will not be subject to a death-qualified jury and the additional layers of discrimination that accompany capital prosecutions,” Stubbs says. “We are confident that Kansas litigators will continue to use the clinic’s report as they push for reform in capital cases and jury selection.”

As for the clinic’s next steps, Semel says she plans to continue working with groups nationwide working to reform Batson through state legislatures and the courts.

“For decades, almost every Batson study criticized its failure to meaningfully reduce prosecutors’ race-based peremptory challenges, but no one had investigated Batson’s application in California. Our study confirmed that California courts have been equally ineffectual and that Batson’s approach must be replaced,” Semel says. “The fact that Washington made something happen and that California did so as well is beginning to seed the belief in judges, lawyers, and legislatures that transformative change is not only necessary, but feasible.”

06/24/2022
Topics: Criminal Justice, Experiential, Public Mission, Racial Justice, Social Justice and Public Interest, Staff News

News

  • Coronavirus (COVID-19) Information
    • Berkeley Law COVID-19 Protocols
    • Event, Catering and Food Policy
  • Transcript Magazine
    • Transcript Archive
      • Transcript Spring 2021 Online Edition
      • Transcript Fall 2020 Online Edition
      • Transcript Spring 2020 Online Edition
      • Transcript Fall 2019 Online Edition
      • Transcript Spring 2019 Online Edition
      • Transcript Fall 2018 Online Edition
      • Transcript Spring 2018 Online Edition
      • Transcript 2017 Online Edition
      • Transcript 2016 Online Edition
  • Podcasts
  • On Display
  • Media Highlights
  • News Archive
    • 2023 Archive
    • 2022 Archive
    • 2021 Archive
    • 2020 Archive
    • 2019 Archive
    • 2018 Archive
    • 2017 Archive
    • 2016 Archive
    • 2015 Archive
    • 2014 Archive
    • 2013 Archive
    • 2012 Archive
    • 2011 Archive
    • 2010 Archive
    • 2009 Archive
    • 2008 Archive
    • 2007 Archive
    • 2006 Archive
    • 2005 Archive
    • News Briefs
    • Alumni Newsletter
  • Trailblazing Women
  • Social Media
  • Communications Office
    • Identity Resources
      • Ordering Printed Supplies
    • Media Release Form
  • Law School Images »
Berkeley Law
  • Twitter
  • Youtube
  • Instagram
  • Flickr
  • Facebook
  • LinkedIn
  • TikTok
  • About
  • Getting Here
  • Contact Us
  • Job Openings
  • ABA Required Disclosures
  • Feedback
  • For Employers
  • Accessibility
  • Nondiscrimination
  • Privacy Policy
  • UC Berkeley

© 2023 UC Regents, UC Berkeley School of Law, All Rights Reserved.