Define: Batson Objection

A Batson objection 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 remove potential jurors based on their race, gender, or other protected characteristics.

The purpose of a Batson objection is to ensure that the jury selection process is fair and free from discrimination. It aims to prevent parties from excluding potential jurors based on impermissible factors, such as race or gender.

When a Batson objection is raised, the party making the objection must provide a prima facie case, showing that the opposing party has used peremptory challenges to remove potential jurors based on discriminatory grounds. The opposing party then has the opportunity to provide a race-neutral explanation for their peremptory challenges.

If a Batson objection is sustained, it means that the court has found that the opposing party has engaged in discriminatory jury selection practices. The court may then order the removal of the improperly excluded jurors or take other appropriate remedial measures.

To establish a prima facie case in a Batson objection, the party making the objection must show that there is a pattern or practice of the opposing party using peremptory challenges to exclude potential jurors of a particular race, gender, or other protected characteristic.

A race-neutral explanation is an explanation provided by the opposing party in response to a Batson objection, which aims to justify their peremptory challenges without relying on impermissible factors, such as race or gender. The explanation must be genuine and not a pretext for discrimination.

Yes, a Batson objection can be raised by both the prosecution and the defence. It applies to all parties in a trial and seeks to prevent discrimination in jury selection regardless of the side making the objection.

If the opposing party fails to provide a race-neutral explanation for their peremptory challenges, the court may find that the Batson objection is valid and order the removal of the improperly excluded jurors or take other appropriate remedial measures.

Yes, a Batson objection can be raised based on other protected characteristics, such as religion or national origin. The objection aims to prevent discrimination based on any impermissible factor during the jury selection process.

Yes, a Batson objection can be raised after the jury has been selected if new evidence or circumstances arise that indicate discriminatory practices in the jury selection process. However, it is generally preferred to raise the objection during the jury selection phase to address any potential issues promptly.