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.

What is a Batson challenge law?

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 steps to 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.

Are Batson challenges successful?

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.

Does Batson apply to religion?

Dec. 14, 1994) (en bane). One federal circuit court has intimated in dicta that Batson extends to religion.

Does Batson apply to defense?

On the bad side, Batson applies to defense challenges just like prosecution challenges. In addition, Batson isn’t limited to challenges of minority jurors; it’s been held to apply to any challenge based on race, including challenging a white juror based solely on his or her race.

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.

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.

Does Batson apply to white jurors?

What is another name for trial juries quizlet?

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

What is it called when the jury ignores the law and acquits an obviously guilty defendant quizlet?

Terms in this set (18) What is it called when the jury ignores the law and acquits an obviously guilty defendant? jury nullification.