Legal Definitions - Batson challenge

The Batson challenge is a legal term used to describe the act of objecting to the validity of a peremptory challenge. This objection is made on the grounds that the other party used it to exclude a potential juror based on their race, ethnicity, or sex.

For example, if a prosecutor in a criminal case uses a peremptory challenge to exclude a potential juror because of their race, the defense attorney can make a Batson challenge to object to this exclusion.

The name "Batson" comes from a landmark case, Batson v. Kentucky, which held that this type of peremptory challenge is unconstitutional when used by criminal prosecutors. In another case, Edmonson v. Leesville Concrete, the Supreme Court allowed private litigants in a civil case to make a Batson challenge.

If a Batson challenge is successful, it may result in a new trial.