A Batson challenge is a challenge made by one party in a case to the other party’s use of peremptory challenges to eliminate potential jurors from the jury on the basis of sex, race, ethnicity, or religion. A trial usually begins with jury selection.
What is a Batson challenge?
Primary tabs. An objection to the validity of a peremptory challenge, on grounds that the other party used it to exclude a potential juror based on race, ethnicity, or sex. The result of a Batson challenge may be a new trial.
What are the challenges of selecting a jury?
No reason is required for a lawyer to use a peremptory challenge to excuse a potential juror. Such challenges allow each side to dismiss jurors who are otherwise qualified, but appear likely to favor the opposing party. However, peremptory challenges cannot be used to exclude jurors on the basis of race or class.
What happens when a defendant makes a Batson challenge during the jury selection process?
If the defendant proves a Batson violation during jury selection, the usual remedy is to dismiss the entire panel of potential jurors, declare a mistrial, and select a new jury. Alternatively, a judge can decide to include the challenged juror in the jury, or to give the defendant additional peremptory challenges.
What are the steps of a Batson challenge?
Batson requires a three-step inquiry: (1) the defendant must make a prima facie case of discriminatory intent; (2) the state must then offer a race-neutral justification for the challenge; and (3) the trial court must decide whether the defendant has proven purposeful discrimination.
Can the prosecution make a Batson challenge?
THE YALE LAW JOURNAL The Batson line of cases is the exemplar of such clearly established federal law. ‘ 3 In its most basic formulation, Batson forbids prosecutors from exercising peremptory challenges to strike prospective jurors on account of their race.
How successful are Batson challenges?
Her research covered all of the death penalty cases in North Carolina over a 20-year period since Batson. The results showed that of 7, 421 potential jurors, prosecutors struck 56.2 percent of the eligible black jurors and only 25.7 percent of jurors of other races.
What is a jury challenge?
Challenges: The law authorizes the judge and the lawyers to excuse individual jurors from service in a particular case for various reasons. If a lawyer wishes to have a juror excused, he or she must use a “challenge” for that juror. Each side may ask the judge to excuse a limited number of particular jurors.
What happens in jury selection?
Juror Selection Each district court randomly selects citizens’ names from lists of registered voters and people with drivers licenses who live in that district. The people randomly selected complete a questionnaire to help determine if they are qualified to serve on a jury.
What does the Batson doctrine declare?
What does the Batson doctrine declare? That prosecutorial peremptory challenges based on race are unconstitutional. The U.S. Supreme Court has declared that six-member juries: must be unanimous in their voting.
What is the purpose of the Batson rule?
A defendant in a criminal case can make an Equal Protection claim based on the discriminatory use of peremptory challenges at a defendant’s trial.
Does Batson apply in civil cases?
The court refused on the ground that Batson does not apply in civil proceedings, and the impaneled jury, which consisted of 11 white persons and 1 black, rendered a verdict unfavorable to Edmonson. Held: A private litigant in a civil case may not use peremptory challenges to exclude jurors on account of race.
What must the state do to overcome a Batson challenge?
To preserve a Batson challenge for appellate review, the record must be clear as to the race of the jurors peremptorily challenged by the State as well as the race of the other members of the jury panel (prospective and selected); otherwise, the appellate court will find insufficient evidence in the record to support
Does Batson apply to religion?
Dec. 14, 1994) (en bane). One federal circuit court has intimated in dicta that Batson extends to religion.
What is a cause challenge?
A challenge that aims to disqualify a potential juror for some stated reason. Typical reasons include bias, prejudice, or prior knowledge that would prevent impartial evaluation of the evidence presented in court. ACADEMIC TOPICS. trial process/advocacy. courts.
Does Batson apply to age?
Batson clearly prohibits discrimination based on race and gender, under the Supreme Court’s own decisions. Lower courts have rejected the extension of Batson to white ethnic groups such as Irish Americans and Italian Americans and have also rejected its extension to characteristics such as obesity, age, and long hair.