Despite their differences, both the majority and concurring opinions in Monday present new ways to address prosecutorial misconduct, deter the injection of racial bias into courtroom proceedings, and create substantively similar outcomes. Part II of this Note discusses the traditional prosecutorial misconduct test in Washington State, as well as the rules articulated by the Monday majority and concurrence. Part III discusses the implications of both the majority and concurring opinions, the primary differences in their approaches to deterrence, the degree of racial bias they require to warrant reversal of a conviction, and the discretion they afford the judiciary. Part III also suggests that courts must consider both the rights of criminal defendants and the aggregate impacts of racial bias on society at large when fashioning a rule to combat racial bias.
Krista L. Nelson and Jacob J. Stender, “Like Wolves in Sheep’s Clothing”: Combating Racial Bias in Washington State’s Criminal Justice System, 35 SEATTLE U. L. REV. 849 (2012).