batson v kentucky progeny

CRIMINAL PROCEDURE —Batson v. Kentucky—BURDEN OF PRODUCTION AT STEP ONE:The party raising a Batsonchallenge bears the burden to produce “some evidence” that the opposing party’s peremptory challenges were exercised on one or … <>14]/P 20 0 R/Pg 48 0 R/S/Link>> Constitutional Law: Rights & Liberties eJournal, Subscribe to this fee journal for more curated articles on this topic, Law & Society: Criminal Procedure eJournal, We use cookies to help provide and enhance our service and tailor content.By continuing, you agree to the use of cookies. endobj endobj 2020-02-24T08:39:15-08:00 <>27]/P 21 0 R/Pg 48 0 R/S/Link>> 1

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<> 5 0 obj OF BATSON v. KENTUCKY Shari Seidman Diamond, t Leslie Ellis, tt and Elisabeth Schmidtftt The modem view of the jury, expressed in recent years in Batson v. Kentucky.

Religion-Based Peremptory Challenges After Batson v. Kentucky and J.E.B. Yet these Justices have nonetheless insisted that discriminatory peremptory challenges have negligible impact on the reliability of verdicts. 25 0 obj Keywords: Batson, peremptory challenges, jury selection, juries, discrimination, criminal justice, Suggested Citation: 6 0 obj

v. Alabama: An Equal Protection and First Amendment Analysis. 97, pp. University of North Carolina School of Law. is .

Iowa Law Review, Vol. The Batson Court addressed remedies in a single ambiguous footnote that identifies two possible remedies: discharging the venire and selecting a new panel or reseating the improperly stricken juror.

Last revised: 12 Dec 2012. Shari Seidman Diamond, t Leslie Ellis, tt and Elisabeth Schmidtttt The modem view of the jury, expressed in recent years in Batson v. Kentucky' and its progeny, is of an institution made up of citizens who view themselves and who should be viewed by others as color-blind and Posted: 4 Oct 2012 endobj

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Batson's loudest critics have insisted that race and gender are factually relevant to a juror's likely viewpoint.

In Batson v. Kentucky and its progeny, the Supreme Court has done poorly at explaining how discriminatory peremptory challenges harm what has become the central value in the criminal justice system--the reliability of criminal verdicts as factually accurate pronouncements of guilt or innocence.

Batson v. Kentucky and its progeny hold that discriminatory uses of peremptory challenges in jury selection are unconstitutional. 44 0 obj In Batson v. Kentucky and its progeny, the Supreme Court has done poorly at explaining how discriminatory peremptory challenges harm what has become the central value in the criminal justice system--the reliability of criminal verdicts as factually accurate pronouncements of guilt or innocence. 37 0 obj

This footnote did not, however, specify whether these are the only permissible remedies, and it did not explain when one of the two is more appropriate than the other. 106, Issue 1, 1996., Available at SSRN: If you need immediate assistance, call 877-SSRNHelp (877 777 6435) in the United States, or +1 212 448 2500 outside of the United States, 8:30AM to 6:00PM U.S. Eastern, Monday - Friday. endobj

Both these assets were acquired during the marriage and were, therefore, marital property. Benjamin H. Barton, Religion-Based Peremptory Challenges After Batson v. Kentucky and J.E.B.

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1 and its progeny, is of an institution made up of citizens who view themselves and who should be viewed by others as color-blind and gender-neutral. 32 0 obj Yale Law Journal, Vol. When selecting a jury, both parties may remove potential jurors using an unlimited number of challenges for cause (e.g., stated reasons such as bias) and a limited number of peremptory challenges (i.e., do not need to state a reason).

<>/MediaBox[0 0 612 792]/Parent 9 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/StructParents 0/Tabs/S/Type/Page>> Benjamin Hoorn Barton endstream endobj If you need immediate assistance, call 877-SSRNHelp (877 777 6435) in the United States, or +1 212 448 2500 outside of the United States, 8:30AM to 6:00PM U.S. Eastern, Monday - Friday.

2020-02-24T08:39:15-08:00 This page was processed by aws-apollo5 in 0.186 seconds, Using the URL or DOI link below will ensure access to this page indefinitely. 1.

Constitutional Law: Rights & Liberties eJournal, Subscribe to this fee journal for more curated articles on this topic, Law & Society: Public Law - Crime, Criminal Law, & Punishment eJournal, We use cookies to help provide and enhance our service and tailor content.By continuing, you agree to the use of cookies. However, by making gifts to each other, the Boatman note became Dr. Batson's separate property and the Acklen Avenue condominium became Mrs. Batson… endobj 2 0 obj

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