The challenging party makes a prima facie showing of discriminatory strike use, the striking party offers a neutral explanation, and the court determines whether purposeful discrimination occurred. Batson applies in civil cases through Edmonson.
The framework covers gender under J.E.B.
Alternative Names:
Batson Objection, Peremptory Discrimination Challenge
Why it Matters?
The neutral explanation step is where most challenges resolve, and courts accept explanations that are implausible but facially neutral, which has drawn substantial criticism. Some states have adopted reforms addressing that, including rules treating certain historically pretextual reasons as presumptively invalid. Documenting the strike rationale contemporaneously for each juror is the practical protection against a challenge.
Frequently Confused with
Related terms
Frequently asked questions
What is the three-step framework?
What is the practical protection?
