Section 20.15 Batson Challenges During Jury Selection

• Library: Criminal Practice 2012 Supp

F. (§20.15) Batson Challenges During Jury Selection

One aspect of trial by jury is the manner in which the jury is selected. In Batson v. Kentucky, 476 U.S. 79 (1986), the Supreme Court held that a party may not exercise peremptory challenges to remove potential jurors solely on the basis of gender, ethnic origin, or race. There are three stages to a Batson challenge:

The opponent to the removal of a venire person makes the challenge to the use of a peremptory challenge for one of the forbidden purposes.

The proponent must then articulate...