MBE Rules · Criminal Procedure
Batson challenges — peremptory strikes
Batson v. Kentucky
The rule
The Equal Protection Clause forbids the use of peremptory challenges to strike prospective jurors on the basis of race or gender. Three-step test: (1) opponent makes a prima facie showing of discriminatory purpose, (2) striking party offers a race/gender-neutral explanation, (3) court determines whether the opponent has proven purposeful discrimination. Applies to prosecution, defense, and civil litigants.
In plain English
Peremptories are almost unreviewable except that they cannot be used to purge the venire based on protected traits. A neutral reason at step two need not be persuasive, only non-discriminatory on its face.
How examiners test it
Prosecutor strikes all Black jurors — defense objects — burden shifts.
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