There is no way to take racial bias out of peremptories. There will always be ways around Batson; hair style, clothing, speech patterns, etc. Someone, somewhere, will argue that they goit rid of a black juror because he had the same blood type as the Defendant, and therefore will be biased in his favor. After all the good reasons are gone, people fall back on race.

Secondly, we only need ONE JUROR to prevent a conviction. How often is that one juror who would never convict on a weed case, but won’t say so, eliminated by the State on a peremptory? I think that peremptories — even if the defense uses them better — eventually benefit the State far more than they do us. Yes, I’d expect to see more hung juries, and perhaps fewer convictions or acquittals. I’ll trade some acquittals for hung juries, if the outcome is that the State has to trade some convictions for hung juries.