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Criminal Procedure Keyed to Chemerinsky
Batson v. Kentucky
Citation:476 U.S. 79 (1986)
Batson (Petitioner) was convicted in Kentucky state court of burglary. The prosecutor used his peremptory challenges to strike all four Black persons on the jury venire, and as a result, the jury was composed only of white people. The jury found Batson guilty. The trial judge observed that the parties were entitled to use their peremptory challenges to “strike anybody they want to” from the jury. However, Batson argued that the exclusion of all Black persons on the venire from the jury violated the Fourteenth Amendment.
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