Batson v. Kentucky, 476 U.S. 79 (1986), was a landmark decision of the United States Supreme Court ruling that a prosecutor's use of a peremptory challenge in a criminal case—the dismissal of jurors without stating a valid cause for doing so—may not be used to exclude jurors based solely on their race. The Court ruled that this practice violated the Equal Protection Clause of the Fourteenth Amendment. The case gave rise to the term Batson challenge, an objection to a peremptory challenge based on the standard established by the Supreme Court's decision in this case. Subsequent jurisprudence has resulted in the extension of Batson to civil cases and cases where jurors are excluded on the basis of sex.
Strauder v. West Virginia, 100 U.S. 303 (1880), was a landmark decision of the Supreme Court of the United States about racial discrimination and United States constitutional criminal procedure. Strauder was the first instance where the Supreme Court reversed a state court decision denying a defendant's motion to remove his criminal trial to federal court pursuant to Section 3 of the Civil Rights Act of 1866.
In American and Australian law, the right of peremptory challenge is a right in jury selection for the attorneys to reject a certain number of potential jurors without stating a reason. Other potential jurors may be challenged for cause, i.e. by giving a good reason why they might be unable to reach a fair verdict, but the challenge will be considered by the presiding judge and may be denied. A peremptory challenge can be a major part of voir dire. A peremptory challenge also allows attorneys to veto a potential juror on a "hunch".
A struck jury is a multi-step process of selecting a jury from a pool. First potential jurors are eliminated for hardship. Second jurors are eliminated for cause by conducting voir dire until there is a pool available that is exactly the size of the final jury plus the number of peremptory challenges available to each side. Then the two sides exercise their peremptory challenges on the remaining pool, usually alternating. This procedure "has its roots in ancient common law heritage".
Jury selection is the selection of the people who will serve on a jury during a jury trial. The group of potential jurors is first selected from among the community using a reasonably random method. Jury lists are compiled from voter registrations and driver license or ID renewals. From those lists, summonses are mailed. A panel of jurors is then assigned to a courtroom.
Miller-El v. Dretke, 545 U.S. 231 (2005), is a United States Supreme Court case that clarified the constitutional limitations on the use by prosecutors of peremptory challenges and of the Texas procedure termed the "jury shuffle."
Swain v. Alabama, 380 U.S. 202 (1965), was a case heard before the Supreme Court of the United States regarding the legality of a struck jury.
Scientific jury selection, often abbreviated SJS, is the use of social science techniques and expertise to choose favorable juries during a criminal or civil trial. Scientific jury selection is used during the jury selection phase of the trial, during which lawyers have the opportunity to question jurors. It almost always entails an expert's assistance in the attorney's use of peremptory challenges—the right to reject a certain number of potential jurors without stating a reason—during jury selection. The practice is currently confined to the American legal system.
Racial discrimination in jury selection is specifically prohibited by law in many jurisdictions throughout the world. In the United States, it has been defined through a series of judicial decisions. However, juries composed solely of one racial group are legal in the United States and other countries. While the racial composition of juries is not dictated by law, racial discrimination in the selection of jurors is specifically prohibited. Depending on context, the phrases "all-white jury" or "all-black jury" can raise a host of expectations – among them, as MIT social neuroscientist Rebecca Saxe notes, "the expectation that deliberations may be less than fair."
Rice v. Collins, 546 U.S. 333 (2006), was a decision by the Supreme Court of the United States regarding a prosecutor's use of a peremptory challenge to remove a young African American woman, Juror 16, from a defendant's drug trial jury in a California court case, based on her youth and on her alleged "eye rolling" in answer to a question. The defendant, Steven Martell Collins, challenged the striking of Juror 16, saying her exclusion was based on race, but the trial judge agreed that the prosecutor's reasons were race-neutral. The California Court of Appeal upheld the trial court's ruling, and the Federal District Court dismissed Collins' habeas corpus petition with prejudice. However, the Ninth Circuit Court of Appeals reversed and remanded, stating that the dismissal was unreasonable based, among other reasons, on the lack of evidence that the eye rolling had occurred.
J. E. B. v. Alabama ex rel. T. B., 511 U.S. 127 (1994), was a landmark decision of the Supreme Court of the United States holding that peremptory challenges based solely on a prospective juror's sex are unconstitutional. J.E.B. extended the court's existing precedent in Batson v. Kentucky (1986), which found race-based peremptory challenges in criminal trials unconstitutional, and Edmonson v. Leesville Concrete Company (1991), which extended that principle to civil trials. As in Batson, the court found that sex-based challenges violate the Equal Protection Clause.
Georgia v. McCollum, 505 U.S. 42 (1992), was a case in which the Supreme Court of the United States held that a criminal defendant cannot make peremptory challenges based solely on race. The court had previously held in Batson v. Kentucky (1986) that prosecutors cannot make peremptory challenges based on race, but didn't address whether defendants could use them. The court had already ruled in Edmonson v. Leesville Concrete Company (1991) that the Batson prohibition also applies to civil litigants because they are state actors during the jury selection process.
Hernandez v. New York, 500 U.S. 352 (1991), was a decision by the United States Supreme Court, which held that a prosecutor may dismiss jurors who are bilingual in Spanish and English from juries that will consider Spanish-language testimony.
Snyder v. Louisiana, 552 U.S. 472 (2008), was a United States Supreme Court case about racial issues in jury selection in death penalty cases. Justice Samuel Alito, writing for the 7–2 majority, ruled that the prosecutor's use of peremptory strikes to remove African American jurors violated the Court's earlier holding in Batson v. Kentucky. Justice Clarence Thomas dissented.
Curtis Giovanni Flowers is an American man who was tried for murder six times in the U.S. state of Mississippi. Four of the trials resulted in convictions, all of which were overturned on appeal. Flowers was alleged to have committed the July 16, 1996, shooting deaths of four people inside Tardy Furniture store in Winona, seat of Montgomery County. Flowers was first convicted in 1997; in five of the six trials, the prosecutor, Montgomery County District Attorney Doug Evans, sought the death penalty against Flowers. As a result, Flowers was held on death row at the Parchman division of Mississippi State Penitentiary for over 20 years.
Jury selection in the United States is the choosing of members of grand juries and petit juries for the purpose of conducting trial by jury in the United States.
Davis v. Ayala, 576 U.S. 257 (2015), was a case in which the Supreme Court of the United States upheld a death sentence of a Hispanic defendant despite the fact that all Blacks and Hispanics were rejected from the jury during the defendant's trial. The case involved a habeas corpus petition submitted by Hector Ayala, who was arrested and tried in the late 1980s for the alleged murder of three individuals during an attempted robbery of an automobile body shop in San Diego, California in April 1985. At trial, the prosecution used peremptory challenges to strike all Black and Hispanic jurors who were available for jury service. The trial court judge allowed the prosecution to explain the basis for the peremptory challenges outside the presence of Ayala's counsel, "so as not to disclose trial strategy". Ayala was ultimately sentenced to death, but he filed several appeals challenging the constitutionality of the trial court's decision to exclude his counsel from the hearings.
Foster v. Chatman, 578 U.S. ___ (2016), was a United States Supreme Court case in which the Court held that the state law doctrine of res judicata does not preclude a Batson challenge against peremptory challenges if new evidence has emerged. The Court held the state courts' Batson analysis was subject to federal jurisdiction because "[w]hen application of a state law bar 'depends on a federal constitutional ruling, the state-law prong of the court’s holding is not independent of federal law, and our jurisdiction is not precluded,'" under Ake v. Oklahoma.
Flowers v. Mississippi, No. 17–9572, 588 U.S. ___ (2019), was a United States Supreme Court case regarding the use of peremptory challenges to remove black jurors during a series of Mississippi criminal trials for Curtis Flowers, a black man convicted on murder charges. The Supreme Court held in Batson v. Kentucky that the use of peremptory challenges solely on the basis of race is unconstitutional. This case examined whether the Mississippi Supreme Court erred in how it applied Batson to this case. The Supreme Court ruled that Flowers' case fell under Batson and that the state inappropriately removed most of the potential black jurors during the trials.
Powers v. Ohio, 499 U.S. 400 (1991), was a United States Supreme Court case that re-examined the Batson Challenge. Established by Batson v. Kentucky, 476 U.S. 79 (1986), the Batson Challenge prohibits jury selectors from using peremptory challenges on the basis of race, ethnicity, gender, and sex. Powers expanded the jurisdictions of this principle, allowing all parties within a case, defendants especially, to question preemptory challenges during a jury selection, regardless of race. This holding was protected under the Equal Protection Clause of the Fourteenth Amendment.
