Litigation
Dec. 28, 2010
Batson Motions: Protecting the Right to a Fair and Impartial Jury
Batson motions aim to protect members of certain groups from discrimination in the jury selection process. By Gale E. Kaneshiro.
When attorneys exercise peremptory challenges because jurors are members of cognizable groups, justice is undermined. The right to a fair and impartial jury is thwarted and the individual right for jurors to serve on trials is violated. Judges presiding over criminal and civil trials, as well as all litigating attorneys, must know the fundamental rules regarding how this discrimination is detected and sanctioned.
The objective of th...
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