Jury Selection: Batson: Discrimination in Using Strikes

David A. Szwak

Jury Selection: Batson: Discrimination in Using Strikes

Postby David A. Szwak » Thu Oct 06, 2005 6:07 pm

Batson Challenges: Brief Remarks:

Batson is, itself, an entire topic for an outline and the remarks here are few. In sum, the Supreme Court established a three part test for determining whether a prosecutor's [or a party in a civil suit] use of peremptory challenges to exclude members of a cognizable group violates the Equal Protection Clause. First, a defendant must make a prima facie showing that a peremptory challenge has been exercised on the basis of race. Second, if that showing has been made, the prosecution must offer a race-neutral basis for striking the juror in question. Third, in light of the parties submissions, the trial court must determine whether the defendant has shown purposeful discrimination. The trial court's decision on the ultimate question of discriminatory intent [i.e., purposeful discrimination] represents a finding of fact of the sort accorded great deference on appeal. Batson v. Kentucky, 476 U.S. 79, 96-98, 106 S.Ct. 1712, 90 L.Ed.2d 69 [1986]; State v. Carmouche, 872 So.2d 1020, On Rehearing, 2001-0405 [La. 5/14/02]; State v. Jacobs, 803 So.2d 933, Rehearing Denied, [La. May 15, 2001].

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