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Oscar V., U.S. otolaryngologist, 1894-1979. See: Batson plexus, Carmody-Batson operation.
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(13) It took the Court until 1986 in Batson v. Kentucky to decide peremptory challenges may not be used against a juror based on his or her race.
And, although the Supreme Court sought in Batson v. Kentucky (7) to limit the problems of peremptory challenges by constraining parties' ability to strike jurors because of their race, (8) Batson's rule is decried as "almost surely a failure" (9) and an "enforcement nightmare." (10)
Conversely, Thomas' colleagues found that the prosecutors violated the 1986 Supreme Court Ruling ( Batson v. Kentucky , which established that those practices are unconstitutional.
The Supreme Court faced an important ideological choice when it banned the racial use of peremptory challenges in Batson v. Kentucky. The Court could either ground the rule in equality rights designed to protect potential jurors from stereotyping, or it could base the rule on the defendant's Sixth Amendment right to an "impartial jury" drawn from a "fair cross-section of the community." By choosing the equal protection analysis, the Court turned away from the defendant and the fair functioning of the criminal justice system, and instead focused on protecting potential jurors.
in Batson v. Kentucky and its progeny tried to remedy the most obvious
Louisiana, the latest in the line of progeny of Batson v. Kentucky. This Note demonstrates that Snyder is part of a historical pattern of Supreme Court decisions concerning the use of peremptory challenges in which the Court has moved away from permitting the unfettered use of the peremptory challenge in favor of stronger Equal Protection considerations.
Among his topics are the link between juror factors and verdicts, the Batson v. Kentucky decision, and jury deliberations and trial outcomes.
Supreme Court rules in Batson v. Kentucky that racial discrimination in juror selection violates the Fourteenth Amendment.
In two cases decided at the end of the term, the Supreme Court breathed new life into the Batson v. Kentucky (1) rule that peremptory challenges cannot be used to exclude prospective jurors based on race.
Supreme Court decision Batson v. Kentucky. And a Tolliver prosecutor, James P.
The peremptory had been ailing, some commentators believed, since the Court's decision eight years earlier in Batson v. Kentucky,(2) which for the first time limited a litigator's previously unfettered discretion to strike whomever she pleased, without explanation.
It was true that the previous year Powell had written a strong equal protection opinion in Batson v. Kentucky, which lessened the evidentiary burden on a defendant trying to prove that a prosecutor had used peremptory challenges to exclude blacks from the jury.