The Batson Doctrine In Batson v. Kentucky, the Supreme Court reaffirmed the longstanding principle that a criminal defendant's equal protection rights are violated when jury selection at his trial is "affected by invidious racial discrimination."
What is a Batson challenge in law?
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. The name comes from Batson v.
How did the prosecutor use peremptory challenges in the Batson case?
At the trial of James Kirkland Batson for burglary and receipt of stolen goods, the prosecutor used his peremptory challenges to remove all four African Americans from the jury pool. Batson challenged the removal of these jurors as violating his Sixth Amendment right to an impartial jury and the Equal Protection Clause of the Fourteenth Amendment .
Why did Batson challenge the removal of these jurors?
Batson challenged the removal of these jurors as violating his Sixth Amendment right to an impartial jury and the Equal Protection Clause of the Fourteenth Amendment . The jury convicted petitioner on both counts.
How many terms did you just study in Batson v Kentucky?
Nice work! You just studied 33 terms! Now up your study game with Learn mode. grand juries. Batson v. Kentucky. What does the Batson doctrine declare? That prosecutorial peremptory challenges based on race are unconstitutional. must be unanimous in their voting. Which amendment guarantees the defendant the right to a jury trial?
What is the Batson doctrine?
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 is the significance of the Batson decision?
(Powell, J.): In a 7–2 decision, the Court held that, while a defendant is not entitled to have a jury completely or partially composed of people of his own race, the state is not permitted to use its peremptory challenges to automatically exclude potential members of the jury because of their race.
How does Batson try to prevent discrimination?
Generally, Batson and its progeny prohibit the use of peremptory strikes to discriminate based on race, ethnicity, or gender. Litigants are tasked with preventing this form of discrimination through the “Batson challenge.” Perhaps the most striking feature of the Batson decision is the date.
What does Batson challenge mean?
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. The name comes from Batson v.
Is the Batson rule effective?
In 1986, the U.S. Supreme Court in Batson v. Kentucky ruled that a prosecutor's exercise of race-based peremptory challenges to jurors violated the Equal Protection Clause of the 14th Amendment. Thirty years later, according to the experts, the law has been a colossal failure.
What is the importance of the 1986 Batson v. Kentucky ruling quizlet?
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.
Does Batson apply to the defense?
Batson applies to peremptory strikes exercised on the basis of gender. Batson applies to defense strikes, as well. The defendant's exercise of peremptory strikes amounts to state action and the exercise of those strikes against jurors based on their race violates those jurors' constitutional rights.
Does Batson apply to religion?
Dec. 14, 1994) (en bane). One federal circuit court has intimated in dicta that Batson extends to religion. See United States v.
How do you do a Batson challenge?
Establishing a Prima Facie Case The first step when making a Batson challenge requires you to establish a prima facie case of purposeful discrimination, which involves first identifying that a stricken juror is a member of a protected cognizable group.
How did lawyers find a loophole with the Batson rule?
Prosecutors found a loophole in the Batson rule, however—they can simply come up with false reasons to dismiss a juror as a pretext for racial discrimination. For example, a prosecutor can question a black juror and jot down a nonracial reason that he or she can articulate later if the defense questions the challenge.
Why did James Kirkland Batson challenge the jury?
Batson challenged the removal of these jurors as violating his Sixth Amendment right to an impartial jury and the Equal Protection Clause of the Fourteenth Amendment.
What is the meaning of the 7-2 decision?
Reasoning: (Powell, J.): In a 7–2 decision, the Court held that, while a defendant is not entitled to have a jury completely or partially composed of people of his own race, the state is not permitted to use its peremptory challenges to automatically exclude potential members of the jury because of their race.
Why should the Equal Protection Clause not be decided?
(Burger, C.J.) Chief Justice Warren Burger noted that the Equal Protection Clause issue should not have been decided because the petitioner did not properly raise that type of challenge. The Chief Justice also noted that reargument and further briefing on the issue should have been ordered given the importance and tradition of peremptory challenges in the legal system. Peremptory challenges had a long history in both England and America before the Revolution, and the purpose of peremptory challenges was to allow elimination of a particular juror without reason. The Chief Justice also noted that the Court did not apply the conventional Equal Protection Clause framework to the claims before it because the state's interest in preserving peremptory challenges might be so compelling as to allow the types of challenges that happened in this case. In sum, the Chief Justice asserted that " [a]n institution like the peremptory challenge that is part of the fabric of our jury system should not be casually cast aside, especially on a basis not raised or argued by the petitioner."
Can a defendant make an equal protection claim?
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. Once the defendant makes a showing that race was the reason potential jurors were excluded, the burden shifts to the state to come forward with a race-neutral explanation for the exclusion.
How many peremptory challenges can a state have?
A) That peremptory challenges cannot be limited to less than five by state statute.
Is a peremptory challenge based on race unconstitutional?
That peremptory challenges based on race by the defense are unconstitutional.
