Batson v. Kentucky: Racial Discrimination In Court

Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d (1986), Supreme Court of the United States, SCOTUS, Constitution, Constitutional Law, Fourteenth Amendment, 14th Amendment, Equal Protection, Voir Dire, Trial, Jury Selection, Racial Discrimination, Race-Based, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, drunk driving, traffic ticket, juvenile, attorney, lawyerPeremptory strikes in criminal jury trials have a long history. Unlike the challenge for cause, the peremptory challenge was exercised without a demonstration of cause by the defendant. Indeed, the peremptory challenge enabled the Crown to handpick juries dating to thirteenth-century England. Finding this obnoxious to their idea of justice, however, Parliament reserved the peremptory as a right for defendants only, and prohibited its use by the Crown. Additionally, American colonists continued the English practice regarding the peremptory challenges. As in England, criminal defendants were allotted peremptory challenges by statute, depending on the crime charged, while the challenges were Read more