Batson challenge

The Batson challenge refers to the act of objecting 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 successful Batson challenge differs, but generally, it may be a new trial.

The name comes from the case Batson v. Kentucky, 476 U.S. 79 (1986) - which held this type of peremptory challenge to be unconstitutional when used by criminal prosecutors . There is also the case, Edmonson v. Leesville Concrete, 500 U.S. 614 (1991) , which permitted private litigants in a civil case to successfully make a Batson challenge.

[Last reviewed in June of 2022 by the Wex Definitions Team ]

Keywords

jury selection

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