Batson Challenge

Definition - What does Batson Challenge mean?

The Batson challenge is a challenge to an opposing attorney's peremptory challenge on a juror. A peremptory challenge is a challenge that an attorney can make on a juror without having to explain why. The Batson challenge, however, asserts that the opposing attorney made a peremptory challenge based on race, ethnicity, or sex.

Justipedia explains Batson Challenge

The name "Batson challenge" comes from the case Batson v. Kentucky (1986). This case ruled that making peremptory challenges based on sex, race, or ethnicity is unconstitutional, and so it is not allowed. So, now, if a Batson challenge is approved by a judge, the original peremptory challenge can be overturned. In fact, a new trial can even ensue if a Batson challenge is successful. Jury selection can be a very important component of the trial process for attorneys, so this is why there can be various types of challenges.

Share this:

Connect with us

Find a Lawyer