Define: Batson Challenge

A Batson Challenge is a legal objection raised during jury selection in a trial, alleging that the opposing party has used discriminatory practices in the exercise of peremptory challenges to exclude potential jurors based on their race, gender, or other protected characteristics.

When a Batson Challenge is raised, the party objecting must show a prima facie case of discrimination by demonstrating that the opposing party has used peremptory challenges to exclude potential jurors who belong to a protected class. If the prima facie case is established, the burden shifts to the opposing party to provide a race-neutral or non-discriminatory reason for the exclusion.

To establish a prima facie case of discrimination, the objecting party must show that the circumstances give rise to an inference of discriminatory intent. This can be done by demonstrating a pattern of strikes against potential jurors from a particular racial or gender group, or by showing that the reasons given for the strikes are pretextual.

If a Batson Challenge is successful, the court may order the striking party to provide a race-neutral or non-discriminatory reason for the exclusion of the potential juror. If the court finds that the reason provided is not genuine or credible, it may reinstate the excluded juror or take other appropriate remedial measures.

Yes, a Batson Challenge can be raised by either the prosecution or the defence. The purpose of the challenge is to ensure that the jury selection process is fair and free from discriminatory practices.

The standard of proof in a Batson Challenge is generally a preponderance of the evidence, meaning that the objecting party must show that it is more likely than not that discrimination has occurred in the exercise of peremptory challenges.

Yes, although Batson Challenges are most commonly raised based on race and gender, they can also be raised based on other protected characteristics, such as religion or national origin, if there is evidence of discriminatory intent.

A Batson Challenge is typically raised during jury selection, before the trial begins. However, in some cases, a Batson Challenge may be raised during the trial if new evidence or circumstances arise that suggest discriminatory practices in the jury selection process.

If a Batson Challenge is unsuccessful, the court will allow the opposing party to continue using its peremptory challenges without further inquiry into the reasons for the strikes. However, the objecting party may still have the opportunity to challenge the composition of the jury on other grounds.

Yes, a Batson Challenge can be appealed if the trial court’s ruling on the challenge is believed to be erroneous. The appellate court will review the record and determine whether the trial court applied the correct legal standards and whether there was sufficient evidence to support the ruling.