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 are the challenges of selecting a jury?

A prospective juror may be challenged for cause because of: exposure to pretrial publicity about the case, a connection with a party, an attorney, the judge, or a witness in the case. experience as a victim of a crime that is similar to that being tried.

What is the Batson decision?

Kentucky, 476 U.S. 79 (1986), was a landmark decision of the United States Supreme Court ruling that a prosecutor’s use of a peremptory challenge in a criminal case—the dismissal of jurors without stating a valid cause for doing so—may not be used to exclude jurors based solely on their race.

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.

How do you prove the Batson challenge?

Under Batson, discriminatory peremptory challenges are evaluated using a three-part test. First, the defense must show that the opposing attorney used the challenge because of a discriminatory reason. Second, the prosecutor must provide a race or gender-neutral reason for the challenge.

What may occur if the Batson challenge is successful?

The result of a Batson challenge may be a new trial. The name comes from Batson v. Kentucky, 476 U.S. 79 (1986) – which held this type of peremptory challenge to be unconstitutional when used by criminal prosecutors.

What are challenges for cause and how do they impact the jury selection process?

Challenges for cause are made when voir dire reveals that a juror is not qualified, able, or fit to serve in a particular case. Lawyers generally have an unlimited number of “for cause” challenges available.

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.

Can the prosecution make a Batson challenge?

‘ 3 In its most basic formulation, Batson forbids prosecutors from exercising peremptory challenges to strike prospective jurors on account of their race.

Can a prosecutor make a Batson challenge?

Batson doesn’t prevent discriminatory use of peremptory challenges by just the prosecution. It also prevents discriminatory use of peremptory challenges by the defense. The Supreme Court held this in Georgia v. McCollum, 505 U.S. 42 (1992).

Article first time published on

When should I raise the Batson challenge?

To establish a prima facie showing, a party making a Batson challenge must prove that 1) the stricken juror is in a protected group; 2) the opposing party used a peremptory strike against a member of that protected group; and 3) the facts and circumstances create an inference that the opposing party struck the juror …

What is a challenge for cause?

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.

What happened in the Batson case the first time it was tried?

Batson was an African American. During jury selection, the prosecutor used his peremptory challenges to strike the only four African Americans from the jury venire. The resulting jury had only white people. … The trial court denied Batson’s motion and the jury convicted him on both counts.

Does Batson apply to religion?

One federal circuit court has intimated in dicta that Batson extends to religion. See United States v. Greer, 939 F. 2d 1076, 1086 n.

What is challenge to the array?

Primary tabs. A challenge that seeks to disqualify an entire jury panel assembled up until this point. The reason usually given is that the selection of the jury panel violated some rule designed to produce impartial juries drawn from a fair cross-section of the community.

When using a challenge for cause either the defense or prosecution can excuse a juror and no reason for doing so needs to be stated?

When using a challenge for a cause, a juror can be excused by either the defense or prosecution, and no reason for doing so needs to be stated. Grand juries meet in secret, and a person under investigation has no legal right to be present or even to be notified of a grand jury investigation.

What are the 3 stages of jury selection?

• Step 1: Selection of a Jury.
• Step 2: The Trial.
• Step 3: Jury Deliberations.

What is a Batson Wheeler motion?

A Batson-Wheeler motion is motion made by one of the parties claiming that the other party has exercised a challenge against a juror based on the juror’s membership in a cognizable group (i.e., “an identifiable group distinguished on racial, religious, ethnic, or similar grounds[.]” (People v.

What is meant by a peremptory challenge?

A peremptory challenge results in the exclusion of a potential juror without the need for any reason or explanation – unless the opposing party presents a prima facie argument that this challenge was used to discriminate on the basis of race, ethnicity, or sex.

What does it mean when a case is nullified?

Jury nullification occurs when a trial jury reaches a verdict that is contrary to the letter of the law because the jurors either: disagree with the law under which the defendant is prosecuted, or. believe that the law shouldn’t be applied in the case at hand.

Is Batson retroactive?

The Batson rule should not be applied retroactively on collateral review of convictions that became final before Batson was announced. A decision announcing a new constitutional rule of criminal procedure is almost automatically nonretroactive where the decision explicitly overrules past precedent.

What does deadlocked mean in a trial?

When there are insufficient jurors voting one way or the other to deliver either a guilty or not guilty verdict, the jury is known as a “hung jury” or it might be said that jurors are “deadlocked”. … If a verdict still cannot be delivered, at some point the judge will declare a mistrial due to the hung jury.

What is a Brady violation when it comes to discovery issues?

A “Brady Violation” is what happens when the prosecutors in a criminal case fail to perform their constitutional duty to turn over helpful evidence to the people they have charged with crimes. Everyone has the right to due process and a fair trial.

What does it mean to challenge a juror?

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 does challenging a jury mean?

n. a request that a prospective juror be dismissed because there is a specific and forceful reason to believe the person cannot be fair, unbiased or capable of serving as a juror.

How many jurors can the challenge without cause?

In cases involving multiple plaintiffs or defendants, each individual plaintiff or defendant may challenge up to three prospective jurors unless they are represented by the same legal practitioner.

What is a Batson challenge quizlet?

Terms in this set (6) Batson Challenges Standing. any party may assert EPC rights of panelist who was excluded because of their membership to a protected class. Batson Challenges timing. after both sides present strikes and the panel is announced but before the jury is impaneled and excluded juror is dismissed.

What is the importance of the 1986 Batson v Kentucky ruling in just mercy?

What is the importance of the 1986 Batson v. Kentucky ruling? Gave hope to black defendants Batson v. Kentucky, 476 U.S. 79 (1986), was a case in which the United States Supreme Court ruled that a prosecutor’s dismissal of jurors without a valid cause—may not be used to exclude jurors based solely on their race.

What is another name for trial juries quizlet?

What is another name for trial juries? ​petit juries.