Suffolk New York Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups
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How to fill out Suffolk New York Motion To Preclude The Prosecution From Using Peremptory Challenges To Exclude Black Persons And Members Of Other Groups?
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FAQ
A peremptory challenge results in the exclusion of a potential juror without the need for any reason or explanation - unless the opposing party presents a prima facie argument that this challenge was used to discriminate on the basis of race, ethnicity, or sex. See Batson challenge.
In a 63 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.
(Powell, J.): In a 72 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.
Prosecutors found a loophole in the Batson rule, howeverthey can simply come up with false reasons to dismiss a juror as a pretext for racial discrimination. For example, a prosecutor can question a black juror and jot down a nonracial reason that he or she can articulate later if the defense questions the challenge.
Prohibited Peremptory Challenges Although no reason must be given for exercising a peremptory challenge, an attorney's use of the challenge cannot be motivated by bias.
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 casethe dismissal of jurors without stating a valid cause for doing somay not be used to exclude jurors based solely on their race.
(Powell, J.): In a 72 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.
What is the importance of the 1986 Batson v. Kentucky ruling? Gave hope to black defendants Batson v. Kentucky, 476 U.S. 79 (1986), was a case in which the United States Supreme Court ruled that a prosecutor's dismissal of jurors without a valid causemay not be used to exclude jurors based solely on their race.
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, 1986) or gender (J.E.B. v. Alabama ex rel T.B., 1994).
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It is also highly recommended that defense attorneys contact the judge before requesting a peremptory strike to see whether there is a likelihood of a different gender being struck on the other side. Do Not Make an Assumption That the Jury will Draw Different Juries The trial judge is not limited to assigning the jurors to try a case. The judge will randomly draw the jury.
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