Yale Law Journal, Vol. Read in light of this case law, Batson gives state courts considerable leeway to adopt their own unique measures to respond to discrimination in jury selection practices. University of North Carolina School of Law. However, by making gifts to each other, the Boatman note became Dr. Batson's separate property and the Acklen Avenue condominium became Mrs. Batson… Suggested Citation, Van Hecke-Wettach Hall, 160 Ridge RoadCB #3380Chapel Hill, NC 27599-3380United States919-962-7067 (Phone)919-962-1277 (Fax), U.S.

Batson's defenders on the Court have insisted that race and gender are factually irrelevant to a juror's likely viewpoint, and have thereby foreclosed any chance that jury discrimination might have any impact at all on the reliability of verdicts. endobj

He argues that race- and gender-based peremptory challenges do indeed make criminal verdicts unreliable. In Batson v. Kentucky and its progeny, the Supreme Court has done poorly at explaining how discriminatory peremptory challenges harm what has become the central value in the criminal justice system--the reliability of criminal verdicts as factually accurate pronouncements of guilt or innocence. Iowa Law Review, Vol. "[I]t . Subsequent Supreme Court cases also do not clarify what the appropriate remedy is for a Batson violation, and the Court has never overturned a remedy imposed by a trial judge. 36 0 obj endobj

v. ... Batson and its progeny eliminated race-based peremptory challenges, but courts have generally limited Batson to race and . is . This page was processed by aws-apollo5 in 0.110 seconds, Using the URL or DOI link below will ensure access to this page indefinitely. '��ѵg '�)z���ގ��� ��P�� H~�[2�5�ݷ��*#^�$̱J�räG$՝�6���X�{�Ͽ��c������"�˖�c^��L�l��ז��c�g�qe ��_�Y�������:K+�Q��S��m�7���Z��e�~������.�lC�#//�n��H}��k�������69���w�]M�˴*�5�[����xH�?��Fk[W�ٗ�h���

97, pp. <>27]/P 21 0 R/Pg 48 0 R/S/Link>> In Batson v. Kentucky and its progeny, the Supreme Court has done poorly at explaining how discriminatory peremptory challenges harm what has become the central value in the criminal justice system--the reliability of criminal verdicts as factually accurate pronouncements of guilt or innocence.

endobj Batson's loudest critics have insisted that race and gender are factually relevant to a juror's likely viewpoint. <> James Kirkland Batson was an African American man convicted of burglary and receipt of stolen goods in a Louisville, Kentucky circuit court by a jury composed entirely of white jurors. endobj |a:� ���5��5�S��p\,���*}3�k�'��^��Ҙ�ओV:����RR�d��Ś\�z�[���m�$cQ*OeQe� <><>22 23]/P 21 0 R/Pg 48 0 R/S/Link>> Suggested Citation:

endobj 44 0 obj endobj 37 0 obj Benjamin H. Barton, Religion-Based Peremptory Challenges After Batson v. Kentucky and J.E.B.

To learn more, visit our Cookies page. Shari Seidman Diamond, t Leslie Ellis, tt and Elisabeth Schmidtttt The modem view of the jury, expressed in recent years in Batson v. Kentucky' and its progeny, is of an institution made up of citizens who view themselves and who should be viewed by others as color-blind and endobj 15 0 obj CRIMINAL PROCEDURE —Batson v. Kentucky—BURDEN OF PRODUCTION AT STEP ONE:The party raising a Batsonchallenge bears the burden to produce “some evidence” that the opposing party’s peremptory challenges were exercised on one or …

32 0 obj 2020-02-24T08:39:15-08:00 Batson v. Kentucky and its progeny hold that discriminatory uses of peremptory challenges in jury selection are unconstitutional.
endobj This page was processed by aws-apollo5 in 0.186 seconds, Using the URL or DOI link below will ensure access to this page indefinitely. v. Alabama: An Equal Protection and First Amendment Analysis. 1613-1633, 2012, Illinois Public Law Research Paper No. Constitutional Law: Rights & Liberties eJournal, Subscribe to this fee journal for more curated articles on this topic, Law & Society: Public Law - Crime, Criminal Law, & Punishment eJournal, We use cookies to help provide and enhance our service and tailor content.By continuing, you agree to the use of cookies.

Both these assets were acquired during the marriage and were, therefore, marital property.

Religion-Based Peremptory Challenges After Batson v. Kentucky and J.E.B. endobj

If you need immediate assistance, call 877-SSRNHelp (877 777 6435) in the United States, or +1 212 448 2500 outside of the United States, 8:30AM to 6:00PM U.S. Eastern, Monday - Friday.

Statement of the facts: Batson, an African American man, was charged with burglary and receiving stolen goods. Batson and Mrs. Batson agree that in the fall of 1983, she gave Dr. Batson the Boatman note in return for the condominium on Acklen Avenue. 1 and its progeny, is of an institution made up of citizens who view themselves and who should be viewed by others as color-blind and gender-neutral. 62 0 obj 2020-02-24T08:39:15-08:00 [47 0 R 50 0 R 52 0 R 53 0 R 54 0 R 55 0 R 56 0 R 57 0 R 58 0 R 59 0 R 60 0 R 61 0 R]

From this viewpoint, the racial and gender make-up of a … <>51]/P 25 0 R/Pg 48 0 R/S/Link>> <>/Metadata 2 0 R/Outlines 5 0 R/Pages 3 0 R/StructTreeRoot 6 0 R/Type/Catalog/ViewerPreferences<>>>

<>2]/P 6 0 R/Pg 48 0 R/S/Link>> endobj 1

Yet these Justices have nonetheless insisted that discriminatory peremptory challenges have negligible impact on the reliability of verdicts. When selecting a jury, both parties may remove potential jurors using an unlimited number of challenges for cause (e.g., stated reasons such as bias) and a limited number of peremptory challenges (i.e., do not need to state a reason). endobj Keywords: Batson, peremptory challenges, jury selection, juries, discrimination, criminal justice, Suggested Citation: %PDF-1.7 %����

However, the appropriate remedy for the constitutional violation is unclear. 16 0 obj application/pdf <>14]/P 20 0 R/Pg 48 0 R/S/Link>> endobj This essay, prepared for a symposium marking the twenty-fifth anniversary of Batson, canvasses the remedies that state courts have imposed for Batson violations and discusses some underappreciated opportunities that Batson presents to state courts to address discriminatory uses of peremptory challenges.
106, Issue 1, 1996.

Benjamin Hoorn Barton Such challenges offend the idea, central to the Sixth Amendment's jury requirement, that a criminal jury must represent distinctive groups in the community. 38 0 obj Posted: 4 Oct 2012 _(��O����&��|����dz���>\�KX���{p�{!�y阂mv@+�%�~>��p�M�����S�!�-��tMn�o���C�q�$w٫���'\0��`7�O��yϒ�? endobj endobj

When selecting the jury, the prosecution used up all of his peremptory challenges to discharge all of the African Americans. <> 106, Issue 1, 1996., Available at SSRN: If you need immediate assistance, call 877-SSRNHelp (877 777 6435) in the United States, or +1 212 448 2500 outside of the United States, 8:30AM to 6:00PM U.S. Eastern, Monday - Friday. Appligent AppendPDF Pro 6.3