this prosecutor is saying, because the data really does show the reasons for these challenges are not explained by race-mutual reasons. the misuse of peremptory challenge really compounds the use of race in our justice system. he is more likely to encounter release, more likely to face high bail that will then keep him behind bars until a trial comes, and then the trial finally comes and the prosecutor is, based on race, excluding black people from his jury. in this country we like to say that we re color blind, but what we re blind to is really racial injustice, and the answer here is simple, and it s to end the practice of peremptory challenge, which is a common law practice. there is nothing requiring them in the constitution, and given decades of research that indicates that prosecutors are disproportionately and on purpose excluding black people from the pool. really, we need to stop the