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Legal Definitions - Batson objection

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Definition of Batson objection

A Batson objection is a legal challenge made by one party in a trial to the validity of a peremptory challenge made by the other party. This challenge is made on the grounds that the other party used the peremptory challenge to exclude a potential juror based on their race, ethnicity, or sex.

The name "Batson" comes from the case Batson v. Kentucky, which was a criminal case that held this type of peremptory challenge to be unconstitutional when used by prosecutors.

For example, if a prosecutor in a criminal trial uses a peremptory challenge to exclude a potential juror who is African American, the defense attorney may make a Batson objection, arguing that the prosecutor is excluding the juror based on their race. If the judge agrees with the objection, the prosecutor may have to select a new juror or the trial may be declared a mistrial.

It is important to note that Batson challenges can also be made in civil cases, as seen in the case Edmonson v. Leesville Concrete.

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Simple Definition

A Batson objection is when someone objects to the use of a peremptory challenge in a trial, claiming that the other party used it to exclude a potential juror based on their race, ethnicity, or sex. If the objection is successful, it may result in a new trial. This type of challenge was ruled unconstitutional in criminal cases by the Batson v. Kentucky case in 1986, and private litigants in civil cases can also make a Batson challenge, as seen in the Edmonson v. Leesville Concrete case in 1991.

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