Batson v. Kentucky 476 U.S. 79 (1986) Case Study

Batson v. Kentucky 476 U.S. 79 (1986) - Case Study practice sessionIn this lesson, the peremptory ch whollyenge that was laid before the court in order to remove all Black representatives in the jury and this was done so without a valid cause. Although the defense tried to end to the jury set up prior to the jury being sworn in, the judge in the lesson over-ruled their motion stating that the peremptory challenge could be use against anybody that the court felt it should be used against (Batson v. Kentucky). after(prenominal) the decision of the court came out, the defense went to the supreme court to raise their objection once again to the circumstance that Mr. Batson was tried by a jury composed solely of Whites and therefore, was not truly represented by a jury of his peers as the law promised all of the accused in a jury trial. irresponsible Court Justice Powell held the decision that the 14th Amendment was violated in this instance and that in no case can the prosecution ev er use a peremptory challenge without stating a valid yard for doing so. The state must always support its claim to gift a juror removed with a valid cause. However, a dissenting opinion was voiced by Supreme Court Justice Berger, who believed that although the rouse of proof lay within the responsibility of the state, the Equal Protection clause was not violated in this case. Justice Marshall further bolstered the claim of Justice Berger by indicating that the peremptory challenge cannot be used to distort the jury process by exclusion on racial grounds (Batson v. Kentucky).Having now manage to an understanding that a peremptory challenge cannot be instigated simply on a whim by either the prosecution or defense, it is important to understand that such a challenge is not the analogous as a challenge for cause. To make things clearer, let us first differentiate the content of the two legal terms.... the right of the plaintiff and the defendant in a jury trial to have a juror d ismissed before trial without