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MCLE TEST: Read the article on peremptory
1. A Batson motion objects to the unconstitutional exclusion of members of a cognizable group from a jury through the use of peremptory challenges.

True False

2. Because the constitution only bars government discrimination, Batson only applies to prosecutors and does not apply in civil cases.

True False

3. The defendant or party must be a member of the excluded group to object to a violation of the exercise of peremptory challenges, and the court is not permitted to object on its own to an attorney's discriminatory use of challenges.

True False

4. Only jurors who are members of cognizable groups are protected by Batson, and such groups include Hispanics as well as lesbians and gay men.

True False

5. Members of cognizable groups under Batson include young adults, older adults, hearing-impaired persons, and people with low incomes.

True False

6. A person with a Spanish surname is per se a member of a cognizable group, even if the prospective juror claims he or she is not Hispanic.

True False

7. Because they could easily be pretexts for excusing potential jurors in violation of Batson, peremptory challenges based on potential jurors exhibiting hostile body language, demeanor, or answers will always constitute Batson violations.

True False

8. The hearing, when a Batson objection is raised, should be done at sidebar with both sides present and on the record.

True False

9. In the first step of the Batson procedure, the objecting party must make a prima facie showing of cognizable group bias "by showing that the totality of the relevant facts gives rise to an inference of discriminatory purpose."

True False

10. Even if a prima facie case has not been established that counsel exercised challenges in violation of Batson, the judge can require that counsel state the reasons for the challenges.

True False

11. The trial court must make an express ruling on whether the objecting counsel has made a prima facie showing of cognizable group bias, and, if the court rules that a prima facie case has been made, then the burden shifts to the opposing counsel to explain the challenges.

True False

12. In the second step of the Batson procedure, if the court finds that objecting counsel has made out a prima facie case of cognizable group bias, the burden shifts to the opposing counsel to justify each challenge by offering permissible neutral explanations for the challenges.

True False

13. Counsel who made the challenges must provide genuine nondiscriminatory reasons for the challenges at issue; thus, trivial reasons, even if group-neutral and genuine, will never suffice and will always constitute a Batson violation.

True False

14. Because it is very difficult to ascertain whether an attorney's stated reasons for excusing a juror are genuine or pretextual, the court must accept the reasons as true even if they are unsupported or otherwise implausible.

True False

15. If counsel who excused the prospective juror in question declines to respond to the court's inquiry for a justification, the court may not use the party's silence in weighing whether the objecting counsel has established a Batson violation.

True False

16. In the third step of the Batson procedure, the court must rule on the adequacy of the justification for the challenge, deciding whether the objecting counsel has carried the burden of proving purposeful discrimination by a preponderance of the evidence.

True False

17. In determining whether counsel's proffered justification is credible, the trial court should consider the totality of the circumstances, including counsel's demeanor and whether the explanation has some basis in accepted trial strategy.

True False

18. A judge need never engage in comparative juror analysis in determining whether a Batson violation has occurred.

True False

19. When a Batson violation is found, the general remedy is to excuse the entire jury panel and call for a new panel.

True False

20. To remedy a Batson violation, a court can impose monetary sanctions or award additional peremptory challenges to the complaining counsel even if the counsel objects to the remedy.

True False

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