Batson challenges are made during the jury selection portion of any state or federal criminal trial. If a prosecutor uses a peremptory challenge to eliminate a potential juror and it appears that the use of the challenge was due to racial reasons, then a Batson challenge can be made by the defense.
What is a Batson challenge in court?
This process, called a " Batson challenge," involves the following steps. The defendant must present enough evidence to suggest that the prosecutor made the challenge because of discrimination. The prosecutor must provide a legitimate, non-discriminatory explanation for the challenge.
What happens if a juror violates Batson rule?
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 is a cause challenge in jury selection?
During jury selection in a criminal trial, the prosecution and defense have the opportunity to remove potential jurors whom they don't want on the jury. Prosecutors and defense attorneys can use an unlimited number of "cause" challenges to eliminate jurors who aren't qualified, able, or fit to serve in the case.
What are the consequences of a Batson violation?
The exclusion of even one juror based on group bias is enough to constitute a Batson violation. The consequences of a violation depend upon when the defense proves it. 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.
What is a Batson challenge in jury selection?
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 is the purpose of a Batson challenge?
Batson challenge. The term Batson challenge describes an objection to opposing counsel's use of a peremptory challenge to exclude a juror from the jury pool based on criteria the courts have found disqualifying, as race was the sole rationale for exclusion in Batson.
What happens when a Batson challenge is successful?
Making a Successful Batson Challenge If the judge feels enough of a showing has been made by the defense, he or she will then direct the Prosecutor to explain why that specific juror was eliminated. The Prosecutor will then give reasons (other than race) why he or she chose to remove the potential juror.
What are some potential challenges with selecting jurors?
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.More items...
Can a prosecutor make a Batson challenge?
If you believe the prosecution has used its peremptory challenges in a racially, ethnically, or sexually discriminatory way, you can deploy the Batson challenge. That challenge requires the prosecution to give a reason for why it used the peremptory challenge that you believed was discriminatory.
What is the remedy for a Batson challenge?
During the Casey Anthony jury selection, Judge Perry sustained the Batson challenge before the juror in question was excused, so the remedy was simply to not excuse the juror – essentially reseating the improp- erly stricken juror.
What happened after the Batson decision?
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. On appeal, the Supreme Court of Kentucky affirmed the convictions.
Who carries the burden of proof when making a Batson claim?
The defendant does bear the ultimate burden of persuasion on this question, but only by a preponderance of the evidence. Crittenden v. Ayers, 624 F.
What is a Batson Wheeler motion?
17. 2 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 challenging 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.
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.
How can jurors be challenged?
With regards to challenges to the polls, a juror can be challenged on the grounds of bias, which would cause him to be unsuitable to try the case. For example, where he has expressed hostility to one side or connected to one side in some way.
What is Batson case step?
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.
Does Batson apply to gender?
Batson clearly prohibits discrimination based on race and gender, under the Supreme Court's own decisions.
What does it mean when a prospective juror is challenged for cause?
Jurors are presumed by their oaths to be impartial judges. However, where the potential bias is clear and obvious, or where it can be shown that there is a reason to suspect that members of a jury may possess bias that cannot be set aside, then the jury can be screened by a challenge for cause.
The Landmark Case of Batson v. Kentucky
Nearly 35 years ago, the United States Supreme Court made a landmark decision regarding racial discrimination during the jury selection process in the case of Batson v. Kentucky. James Batson, the defendant in this case, is an African American man who was convicted of criminal charges in a Kentucky state court by an all-white jury.
Making a Successful Batson Challenge
Batson challenges are made during the jury selection portion of any state or federal criminal trial. If a prosecutor uses a peremptory challenge to eliminate a potential juror and it appears that the use of the challenge was due to racial reasons, then a Batson challenge can be made by the defense.
Call Today for a Free Consultation with Snow Legal
If you are facing state or federal criminal charges, it is important to speak to an experienced criminal defense attorney immediately. The attorneys at Snow Legal are proud to offer a Free initial consultation to anyone facing the potential of criminal charges.
Court of Special Appeals Orders New Trial After Prosecutor Improperly Kicks Only Black Juror Off Panel
The Batson challenge is a three-party inquiry designed to ascertain whether a prosecutor had a nondiscriminatory reason for excluding a juror, or whether it was simply a pretext to get rid of jurors based on one of the protected characteristics listed above.
Contact Waldorf Criminal Defense Lawyer Robert Castro Today
This article has been provided by the Law Office of Robert Castro. For more information or questions contact our office to speak to an experienced lawyer at (301) 705-5137.
What is a Batson challenge?
It’s challenging the state using its peremptory challenge or peremptory removals of jurors to show that it was on the basis of race, that it is unconstitutional, and they shouldn’t be allowed to do that.
What is the significance of Batson v. Kentucky?
79. And that is where the court held that it is a violation of the Constitution if the state is going to be removing people from the jury based on their race. So when the defense attorney believes that that is what’s going on, ...
What are peremptory challenges?
Generally speaking, there are challenges that the state and the defense attorney can make for cause and challenges that can be made that are not for causes or called peremp tory challenges, and each side gets a specific number of those that they get to remove somebody from the jury without providing any specific reason.
Procedural History
There there was a remand for the trial court to consider any race neutral reasons for the state’s peremptory strikes.
Picking The Jury
On the first day of jury selection, the State successfully challenged for cause Bill B., who had failed to disclose a driving under the influence (DUI) conviction.
Race Neutral Reasons
With respect to Connie T., notwithstanding the court’s observation in denying the State’s challenge for cause during the first hearing that her failure to remember the 1977 case was an “honest mistake,” the State asserted that the prosecutors did not believe Connie T. when she claimed not to recall the case.
Appellate Court Scrutinizes The Strikes
Now, back on appeal where the reviewing court retained jurisdiction, the court said defendant sustained his burden as to Connie T.
Appellate Court Calls B.S
It is difficult to give much credence to the State’s fundamentally subjective reasons for dismissing Connie T. while keeping Joe W.
What is the Batson challenge?
This process, called a " Batson challenge," involves the following steps. The defendant must present enough evidence to suggest that the prosecutor made the challenge because of discrimination. The prosecutor must provide a legitimate, non-discriminatory explanation for the challenge.
What happens if a defendant proves a Batson violation?
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, ...
What does the judge decide when a peremptory challenge is purposefully discriminatory?
The judge must decide whether the challenge was purposefully discriminatory. If the judge decides that the prosecutor sufficiently explained the peremptory challenge, then the defendant must prove that the explanation is disingenuous. Otherwise, the judge won't find a Batson violation.
What happens if a jury is excluded based on group bias?
The exclusion of even one juror based on group bias is enough to constitute a Batson violation. The consequences of a violation depend upon when the defense proves it. 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.
Why is it important to note that judges afford prosecutors considerable leeway in explaining challenges to jurors?
It's important to note that judges afford prosecutors considerable leeway in explaining challenges to jurors. If, for example, a prosecutor mistaken ly attributed the statement of one juror to another, the judge may find that there hasn't been purposeful discrimination. A judge may also determine that a dismissal wasn't made for discriminatory reasons because the prosecutor accepted other jurors of the same race, ethnicity, or gender as the dismissed juror.
How to prove that a prosecutor's dismissal of a juror was discriminatory?
In order to show that the prosecutor's dismissal of a juror was discriminatory, a defendant must show that it was based on race, ethnicity, or gender. (It's not a violation for the prosecution to dismiss someone because of other characteristics such as religious denomination and social club membership.)
What evidence is there that a prosecutor has made biased statements during jury questioning?
Evidence that a prosecutor has made biased statements during jury questioning, asked very different questions of minorities than of white jurors, or used a disproportionate number of peremptory challenges on minorities provides strong support for a prima facie case of jury discrimination.
Put the Burden Where It Belongs
Foremost, it’s important to keep in mind that the complaining party bears the burden of showing purposeful discrimination – that is, that you exercised your strikes based solely on the jurors’ membership in some “cognizable group.” Thus, when opposing counsel makes the challenge, insist that he or she first establish a prima facie case of discrimination.
Provide a Neutral Explanation
Once the judge has determined that your opponent has established a prima facie case of discrimination, as the defending party you’ll need only to provide a race-neutral (or gender-neutral) explanation for your strikes.
Know the Standard of Review
As the defending party, it should be comforting to know that when evaluating the race-neutral explanation for the strike, the standard discussed in Batson appears to be low; the Court makes clear that “ [u]nless a discriminatory intent is inherent in the [defending party]’s explanation, the reason offered will be deemed race-neutral.” Purkett v.
Conclusion
The real takeaway is that defending a Batson challenge shouldn’t set you off your game. With adequate note taking and a little confidence, providing race- and gender-neutral explanations for your strikes that will satisfy the judge should be an easy hurdle.