Maine Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups
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FAQ
In Batson v. Kentucky the court ruled that eliminating potential jurors based on race violated both the 6th Amendment's guarantee of a fair trial and the 14th Amendment's equal protection under the law. This landmark case was and still is a crucial victory toward achieving a more fair and representative legal system.
Independently, each side may exercise some limited number of peremptory strikes to excuse additional jurors without offering a reason. However, the U.S. Supreme Court has held that peremptory challenges cannot be used to systematically strike prospective jurors from the panel on the basis of race (Batson v.
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.
Once a Batson challenge is raised by the defense lawyer, the trial court will then conduct a 3- step analysis: The defendant or the defense lawyer must make in initial showing (called a prima facie showing) that the prosecutor's peremptory challenge was based on race or another impermissible ground.
In Batson, the Supreme Court ruled that a defendant can make a prima facie case for purposeful racial discrimination in jury selection. The term ?Batson challenge? refers to an objection to an opposing party's use of a peremptory strike to exclude a juror from the jury pool on the basis of race.
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.
A peremptory challenge results in the exclusion of a potential juror without the need for any reason or explanation - unless the opposing party presents a prima facie argument that this challenge was used to discriminate on the basis of race, ethnicity, or sex.
