Washington Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups
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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. Discrimination in Jury Selection | Death Penalty Information Center deathpenaltyinfo.org ? prosecutorial-accountability deathpenaltyinfo.org ? prosecutorial-accountability
In 1986, the Supreme Court of the United States placed a limitation on that power through its decision that it is unconstitutional to use a peremptory challenge because of the individual's race (Batson v. Kentucky, 1986).
In J.E.B. v. Alabama ex rel. T.B., the U.S. Supreme Court ruled that the Constitution prohibits gender-based peremptory challenges to prospective jurors.
The following reasons for peremptory challenges also have historically been associated with improper discrimination in jury selection in Washington State: allegations that the prospective juror was sleeping, inattentive, or staring or failing to make eye contact; exhibited a problematic attitude, body language, or ... GR 37: Jury Selection - Washington State Courts wa.gov ? pdf ? GA_GR_37_00_00 wa.gov ? pdf ? GA_GR_37_00_00
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. Batson v. Kentucky and Federal Peremptory Challenge Law congress.gov ? product ? pdf congress.gov ? product ? pdf
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. Jury selection, peremptory challenges and discrimination apa.org ? monitor ? 2009/01 apa.org ? monitor ? 2009/01
1965Exclusion Of Jurors Based On Race Unconstitutional In Swain v. Alabama , the U.S. Supreme Court holds that prosecutors cannot use peremptory challenges to exclude jurors of a particular race (as it had ruled earlier about ethnic groups).
