Mississippi Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury
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FAQ
A Batson challenge is a challenge made by one party in a case to the other party's use of peremptory challenges to eliminate potential jurors from the jury on the basis of sex, race, ethnicity, or religion. A trial usually begins with jury selection.
If a juror has provided little or no case-specific information, a Batson challenge may very well prove successful.
Batson, a black man, was on trial charged with second-degree burglary and receipt of stolen goods. During the jury selection, the prosecutor used his peremptory challenges to strike the four black persons on the venire, resulting in a jury composed of all whites. Batson was convicted on both of the charges against him.
Decision. The U.S. Supreme Court unanimously rejected Williams' contention in a 9-0 vote, ruling that he had not shown that the administration of the Mississippi suffrage provision was discriminatory.
Since the landmark case Batson v.Yet in an ironic extension of Batson,3 reverse-Batson challenges put defendants at risk when a trial judge erroneously believes the defense counsel's use of peremptory challenges is racially motivated.
Kentucky, 476 U.S. 79 (1986), was a landmark decision of the US Supreme Court ruling that a prosecutor's use of a peremptory challenge in a criminal casethe dismissal of jurors without stating a valid cause for doing somay not be used to exclude jurors based solely on their race.
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. The name comes from Batson v.
Selection procedures that purposefully exclude black persons from juries undermine public confidence in the fairness of our system of justice." 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.
