What is a Batson Challenge in Criminal Procedure

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What is a Batson challenge? • So what is that? Well, that is related to a criminal defense jury trial, and it's during jury selection. • Generally speaking, there are challenges that the state and the defense attorney can make for cause and challenges that can be made that are not for causes or called peremptory challenges, and each side gets a specific number of those that they get to remove somebody from the jury without providing any specific reason. • Well, a Batson challenge comes up, generally speaking, when the state is removing somebody or appears to be removing somebody based on their race. • Then the defense attorney, even though it is their peremptory challenge and they don't have to show that it's for cause, if it is on the basis of race, a challenge can be made by the defense attorney. • And that comes from the case of Batson... Excuse me. Batson v. Kentucky, and that's a 1986 case, United States Supreme Court case 476 U.S. 79. • And that is where the court held that it is a violation of the Constitution if the state is going to be removing people from the jury based on their race. • Need An Attorney? Give us a call at 918-879-1681 or submit a legal question at https://www.wirthlawoffice.com/ • Want The Transcript? https://www.wirthlawoffice.com/tulsa-... • Join The Group! Have an Oklahoma legal question? There's a Facebook Group for that. Join me and the discussion by clicking the link and hitting Join: • / oklahoma.legal.questions

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