North Carolina Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups
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FAQ
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.
In a 6?3 decision, the Court ruled that the Equal Protection Clause prohibits striking potential jurors not only because of their race or ethnicity, but also because of their gender.
In North Carolina, the State and each defendant in a non-capital case are entitled to six peremptory challenges. See G.S. 15A- 1217. If there are co-defendants, the State gets six additional peremptory challenges per co-defendant.
Substantively, parties exercising peremptory challenges are limited by a line of Supreme Court precedent, starting with Batson v. Kentucky, which precludes the use of certain types of discriminatory peremptory challenges. Amendment and the Due Process Clause of the Fourteenth Amendment.
Peremptory challenges were eliminated in 2018, as CBA National reported at the time, in a bid to rectify the perceived injustice of Gerald Stanley acquittal by an all-white jury after standing trial for the murder of Indigenous youth Colten Boushie.
In Batson v. Kentucky, the U.S. Supreme Court held that the prosecution may not use peremptory strikes to exclude a potential juror based on 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.