Batson challenge

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The Batson challenge refers to the act of objecting 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 updated in June of 2022 by the Wex Definitions Team]