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Exercising Peremptory Challenges After 'Batson'

NCJ Number
111734
Journal
Criminal Law Bulletin Volume: 24 Issue: 3 Dated: (May-June 1988) Pages: 187-212
Author(s)
J R Acker
Date Published
1988
Length
26 pages
Annotation
The Supreme Court's decision in Batson v. Kentucky, disallowing prosecutors from exercising their peremptory challenges against black prospective jurors in such a way as to achieve a nonblack jury, offered little guidance on its implementation.
Abstract
The author reviews the 'Batson' problem and, relying on pre- and post-Batson litigation, presents seven valuable points to help prosecutors, defense lawyers, and trial judges separate the racially discriminatory from the allowable use of peremptory challenges. The article concludes with a review of scientific jury selection methods and the relationship of these methods to the Batson-type problem. (Publisher abstract)