Evidence and Trial Procedure · procedure
A Batson Challenge refers to a legal motion that a party can make in a trial to contest the opposing party's use of peremptory challenges to exclude jurors on the basis of race. This challenge is rooted in the Equal Protection Clause of the Fourteenth Amendment, requiring that jury selection be free from racial bias.
The challenging party must show that the opposing party's peremptory strike was motivated by racial or ethnic discrimination.
What to prove: The challenger must demonstrate that the struck jurors are members of a cognizable racial group and that the reasons given for their exclusion are pretextual.
The excluded juror must belong to a recognized racial or ethnic group.
What to prove: The challenger must identify the particular racial or ethnic group that the juror belongs to, establishing that it is a group that has been historically discriminated against.
The party making the challenge must show that the reasons provided for the juror's exclusion are not genuine.
What to prove: The challenger must argue that the justifications given for the strike lack credibility, suggesting a hidden discriminatory motive.
The burden initially lies on the challenging party to make a prima facie case of discrimination. Once established, the burden shifts to the opposing party to provide a race-neutral justification for the strikes.
Students should be prepared to analyze hypothetical scenarios involving jury selection, focusing on the implications of the Batson Challenge and the required showings for discrimination.