-
May an attorney use peremptory strikes to remove jurors on the basis of their race
No. In the landmark case of Batson v. Kentucky, the Supreme Court in 1986 prohibited prosecutors
from exercising peremptory strikes for racially discriminatory reasons in criminal trials. This principle has
since been extended in other cases so that it is now generally agreed that neither side in either criminal or
civil trials may exercise any peremptory strikes for racially discriminatory reasons. (In 1994, the U.S.
Supreme Court decided in J.E.B. v. Alabama ex. rel. T.B. that this principle should be applied to bar
gender-based peremptory strikes as well).
Subscribe to:
Post Comments (Atom)
0 comments: