Kara Sears
Peremptory challenges are a legal mechanism that allows attorneys to remove a limited number of prospective jurors without providing a reason. However, peremptory challenges have been scrutinized due to concerns about potential discrimination in jury selection. Case law, such as Batson v. Kentucky, has established procedures to address discriminatory use of peremptory challenges, emphasizing the need for a fair and impartial jury selection process. Studies have also examined the impact of peremptory challenges on racial and gender diversity in juries, with some suggesting that these challenges have been used to exclude certain groups. The evolving debate surrounding peremptory challenges highlights the complex interplay between legal procedures and the pursuit of a just and equitable jury system.
| Characteristics | Values |
|---|---|
| Prohibited basis for peremptory challenges | Group stereotyping, racial or gender discrimination |
| Procedure to determine discriminatory peremptory challenges | The party objecting must make a prima facie case of an inference of discrimination; the other party must provide a neutral explanation; the objecting party can rebut this explanation; the court determines whether purposeful discrimination has been proven |
| Factors considered by the court | Statistical evidence about the use of peremptory strikes against the race or gender of prospective jurors |
| Examples | Batson v. Kentucky; Purkett; Miller-El v. Cockrell; Flowers v. State; Swain v. Alabama; Johnson v. California; Trevino v. Texas |
| Studies | David Baldus' study on Pennsylvania Supreme Court case, Commonwealth v. Harold Wilson; Ann Eisenberg's study on South Carolina cases resulting in death sentences between 1997 to 2012; Samuel Sommers and Michael Norton's mock jury selection study |
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What You'll Learn
The Supreme Court's three-step procedure for determining discrimination
In Batson v. Kentucky, the Supreme Court created a three-step procedure for determining whether peremptory challenges are based on discrimination. This procedure is in place to ensure a fair jury pool in both civil and criminal cases. The three steps are as follows:
- The party objecting to the peremptory challenge must first make a prima facie case of an inference of discrimination. This involves presenting evidence and arguments that suggest discriminatory intent in the jury selection process, such as statistical analysis of the use of peremptory strikes against prospective jurors of a particular race or gender.
- The party exercising the peremptory challenge must then provide a neutral explanation related to the specific case. This explanation need not rise to the level of justifying a "challenge for cause" and can include a range of factors, such as the potential juror's relationship to the parties or witnesses.
- The court then determines whether purposeful discrimination has been proven by a preponderance of the evidence presented by the objecting party. The trial judge may consider all relevant factors, including the persuasiveness and credibility of the justifications provided by the party exercising the peremptory challenge.
This three-step procedure aims to uphold the Equal Protection Clause of the Fourteenth Amendment, which prohibits the exercise of peremptory challenges based on group stereotyping, ensuring that jury selection is free from racial discrimination and perceived as fair and just.
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The Equal Protection Clause of the Fourteenth Amendment
The Equal Protection Clause ensures that criminal trials are free from racial discrimination during jury selection. Invidious discrimination based on race or gender in peremptory challenges is a violation of the Equal Protection Clause, as it undermines the perception of a fair and just jury system. The use of peremptory challenges to exclude individuals based on group stereotypes is unrelated to a potential juror's ability to be fair and impartial during a trial.
In the past, peremptory challenges have been used to exclude African Americans from jury service. For example, in Swain v. Alabama, the Court found that attorneys used peremptory challenges to remove African American jurors, resulting in no African Americans serving on a jury for fifteen years. While the Court allowed this in the specific case, they indicated that consistently using peremptory challenges to exclude African Americans would violate equal protection.
To address these issues, the Batson procedure outlines a three-step process: first, the party objecting to the peremptory challenge must establish a prima facie case of discrimination. This can be done through statistical evidence, as seen in Commonwealth v. Harold Wilson, where a successful Batson-like claim was made. Secondly, the party exercising the challenge must provide a neutral explanation related to the case. Finally, the court determines whether purposeful discrimination has been proven by examining the totality of the circumstances, including the credibility and persuasiveness of the justifications provided.
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The Batson Challenge and its criticism
The Batson Challenge stems from the landmark case of Batson v Kentucky, where the US Supreme Court ruled that a prosecutor could not use a peremptory challenge to exclude jurors based solely on their race. This was a significant decision as it created a procedure to determine whether peremptory challenges were being used in a discriminatory manner, thus giving rise to the term 'Batson Challenge'.
The Batson Challenge procedure has three steps. Firstly, the party objecting to the peremptory challenge must make a prima facie case of an inference of discrimination. Secondly, the party exercising the challenge must provide a neutral explanation related to the case. Finally, the court determines whether purposeful discrimination has been proven by a preponderance of the evidence.
The Batson decision has been criticised for its impact on the long-standing tradition of peremptory challenges. Chief Justice Warren Burger dissented, arguing that the decision "sets aside the peremptory challenge, a procedure which has been part of the common law for many centuries". Justice Rehnquist also disagreed, stating that there was nothing "unequal" about the state using peremptory challenges to exclude certain races from the jury, provided this was done consistently.
Despite this criticism, the authority of Batson has been reinforced by later decisions, such as Miller-El v Dretke and Johnson v California, which expanded the evidence that can be considered when establishing that a peremptory challenge was based solely on objectionable criteria. Batson has also been applied beyond race to civil cases and cases involving the exclusion of jurors based on gender.
However, attempts to extend Batson to cover challenges based on sexual orientation have been unsuccessful. In U.S. v. Blaylock, the court expressed doubt about the application of the Batson rule in this context, and while this was revisited in SmithKline Beecham Corporation v. Abbott Laboratories, the court ruled that distinctions based on sexual orientation are subject to a "heightened scrutiny" standard of review.
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Statistical evidence of racial discrimination
In the United States, the use of racial discrimination in peremptory challenges has been deemed unconstitutional, as per the Equal Protection Clause of the Fourteenth Amendment. The Supreme Court, in Batson v. Kentucky, established a three-step procedure to determine whether peremptory challenges are based on discrimination.
Statistical evidence has played a crucial role in exposing and addressing racial discrimination in peremptory challenges. This evidence typically involves examining the rates at which peremptory strikes are used against prospective jurors of different races. For example, in the case of Batson v. Kentucky, Justice Marshall cited statistics from the mid-1970s indicating high rates of black juror challenges by prosecutors in several states: 68.9% in Louisiana, 82% in South Carolina, and 86.7% in Dallas County, Texas.
More recent cases have also highlighted the persistent issue of racial discrimination in peremptory challenges. In Miller-El v. Dretke, Justice Breyer cited statistics from Philadelphia between 1981 and 1997, showing that prosecutors struck 51% of black jurors compared to only 26% of non-black jurors. In Flowers v. State, it was found that DA Evans exercised peremptory strikes against six jurors after accepting the first black juror, indicating a potential pattern of discrimination.
The Supreme Court's decision in Foster v. Chatman further emphasized the importance of statistical evidence. The court found that the prosecutor had engaged in impermissible racial discrimination by striking two prospective black jurors. Evidence of a Batson violation included shifting explanations for the strikes, misrepresentation of records, and a persistent focus on race in the prosecutor's file.
In summary, statistical evidence regarding the use of peremptory strikes against prospective jurors of different races is a critical tool for addressing racial discrimination in jury selection. By analyzing these statistics, courts can identify patterns of discrimination and ensure that jury selection processes adhere to the Equal Protection Clause of the Fourteenth Amendment.
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Prima facie case of purposeful discrimination
The concept of a "prima facie case" is commonly used in discrimination lawsuits, including those involving peremptory challenges. In the context of peremptory challenges, a prima facie case of purposeful discrimination can be established when there is sufficient evidence to demonstrate that a party has engaged in discriminatory practices during jury selection.
In the case of Batson v. Kentucky, the Supreme Court created a three-step procedure to determine whether peremptory challenges are based on discrimination. Firstly, the party objecting to the peremptory challenge must present a prima facie case of an inference of discrimination. This involves demonstrating that the challenged party's actions give rise to an inference of discrimination based on factors such as statistical evidence about the use of peremptory strikes against specific races or genders.
Once a prima facie case is established, the burden shifts to the challenged party to provide a race-neutral or otherwise non-discriminatory explanation for their actions. This explanation must be reasonable, plausible, and related to the particular case. The challenging party must then be given an opportunity to rebut the explanations provided by the challenged party.
Finally, the court determines whether purposeful discrimination has been proven by examining the totality of the circumstances, including the demeanor of the parties involved and the reasonableness of the explanations given. The court may also consider whether the proffered rationale is based on accepted trial strategy or is merely pretextual.
In addition to the Batson procedure, courts have employed other methods to determine purposeful discrimination, such as the Arlington Heights mosaic of factors. This method uses various types of circumstantial evidence to demonstrate that a recipient acted, at least in part, because of race, colour, or national origin. This framework is particularly useful when challenging neutral policies or practices that disproportionately affect specific racial or ethnic groups.
By following these procedures and considering relevant case law, courts can ensure that peremptory challenges are exercised fairly and without purposeful discrimination.
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Frequently asked questions
A peremptory challenge is a special jury challenge that each party is given a limited number of before a trial. It results in the exclusion of a potential juror without needing any reason or explanation.
Previous case law, such as Batson v. Kentucky, has determined that peremptory challenges cannot be exercised based on group stereotyping or racial discrimination in the jury selection process. The Equal Protection Clause of the Fourteenth Amendment to the United States Constitution prohibits this.
The procedure, as outlined in Batson v. Kentucky, involves three steps: first, the party objecting to the peremptory challenge must make a prima facie case of an inference of discrimination; second, the party exercising the challenge must provide a neutral explanation; and third, the court determines whether purposeful discrimination has been proven.
Yes, in Flowers v. State, the Supreme Court of Mississippi upheld the trial court's acceptance of the prosecution's peremptory strikes and denied Flower's Batson challenge. Additionally, in Swain v. Alabama, the Court examined a case where attorneys used peremptory challenges to exclude African Americans from serving on juries, indicating that consistent use of such challenges across cases would violate equal protection.
