Failing the Batson Test
|
TOOLBOX
   Resize
COMMENT
 Discussion Policy
 CLOSE
Comments that include profanity or personal attacks or other inappropriate comments or material will be removed from the site. Additionally, entries that are unsigned or contain "signatures" by someone other than the actual author will be removed. Finally, we will take steps to block users who violate any of our posting standards, terms of use or privacy policies or any other policies governing this site. Please review the full rules governing commentaries and discussions. You are fully responsible for the content that you post.
Who's Blogging  |
In its 1986 decision Batson v. Kentucky, the Supreme Court ruled that prosecutors may not use peremptory challenges -- which allow them to dismiss jurors without a reason -- to exclude jurors based on their race.
The ruling, and subsequent cases, established a three-part test for judging whether prosecutors were trying to dismiss potential jurors based on race.
¿ A defendant must show that a juror was dismissed at first based on race.
¿ The prosecution must offer a race-neutral basis for eliminating the juror.
¿ Then the trial court must determine if there was "purposeful discrimination."
That is a test, the justices ruled yesterday in Snyder v. Louisiana, that prosecutors and a judge did not pass. "We hold that the trial court committed clear error in its ruling on a Batson objection, and we therefore reverse," Justice Samuel A. Alito Jr. wrote for the 7 to 2 majority.
