Batson challenge

Bat·​son challenge | \ ˈbat-sən- How to pronounce Batson challenge (audio) \

Legal Definition of Batson challenge

: an objection in which one party argues that the other has used the peremptory challenge to strike one or more prospective jurors from the panel for a discriminatory purpose in violation of the equal protection guarantee of the U.S. Constitution

called also Batson objection

— compare third-party standing

Note: Batson challenges were originally applied to racial discrimination in jury selection but are now also applied when gender or sometimes ethnic background is an issue. The party making the objection usually must establish by evidence a prima facie case of discrimination. The other party must then prove a neutral reason for the strike.

History and Etymology for Batson challenge

from Batson v. Kentucky, 476 U.S. 79 (1986), the Supreme Court ruling that prohibited the striking of jurors on a racial basis

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Cite this Entry

“Batson challenge.” The Legal Dictionary, Merriam-Webster Inc., Accessed 29 January 2020.

Comments on Batson challenge

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to assert without proof or before proving

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