THIS CASEBOOK contains a selection of 229 U. S. Court of Appeals decisions that discuss, interpret and apply the Batson doctrine. The selection of decisions spans from 2004 to the date of publication.
In Batson v. Kentucky, the Supreme Court reaffirmed the longstanding principle that a criminal defendant's equal protection rights are violated when jury selection at his trial is "affected by invidious racial discrimination." United States v. Girouard, 521 F.3d 110, 112 (1st Cir. 2008). The "[e]xclusion of black citizens from service as jurors," stated Batson, "constitutes a primary example of the evil the Fourteenth Amendment was designed to cure." Batson v. Kentucky, 476 U.S. 79, 85 (1986). While Batson initially focused on whether the defendant or an excluded juror was part of a cognizable racial group, subsequent cases broadened Batson doctrine to encompass an individual juror's right not to be discriminated against — making the relevant query whether "a peremptory challenge was based on race." See Sanchez v. Roden, 753 F.3d 279, 292 (1st Cir. 2014) (quoting Snyder v. Louisiana, 552 U.S. 472, 476 (2008)). US v. Casey, 825 F. 3d 1 (1st Cir. 2016).
"[T]he State's privilege to strike individual jurors through peremptory challenges . . . is subject to the commands of the Equal Protection Clause," which "forbids the prosecutor to challenge potential jurors solely on account of their race." Batson, 476 U.S. at 89, 106 S.Ct. 1712; see also Davis v. Ayala, ___ U.S. ___, 135 S.Ct. 2187, 2208, 192 L.Ed.2d 323 (2015). "[A]s in any case alleging a violation of the Equal Protection Clause," the key question is "whether the defendant had met his burden of proving purposeful discrimination on the part of the State." Batson, 476 U.S. at 90, 106 S.Ct. 1712. Sifuentes v. Brazelton, 815 F. 3d 490 (9th Cir. 2016).
To answer that question, Batson adopted a burden-shifting approach similar to that used in other civil rights cases. Id. at 94 & n. 18, 106 S.Ct. 1712. First, the defendant must "make out a prima facie case of purposeful discrimination" by providing some evidence, such as the disproportionate exclusion of jurors of a certain race, that a peremptory challenge has been exercised on the basis of race. Id. at 93-94, 106 S.Ct. 1712. "Once the defendant makes a prima facie showing, the burden shifts to the State to come forward with a neutral explanation" for striking the juror. Id. at 97, 106 S.Ct. 1712. "Third, in light of the parties' submissions, the trial court must determine whether the defendant has shown purposeful discrimination" on the part of the prosecutor. Miller-El v. Cockrell, 537 U.S. 322, 328-29, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003) (Miller-El I) (citing Batson, 476 U.S. at 98, 106 S.Ct. 1712). "The opponent of the strike bears the burden of persuasion regarding racial motivation." Ayala, 135 S.Ct. at 2199. Sifuentes v. Brazelton, ibid.
In Batson v. Kentucky, the Supreme Court reaffirmed the longstanding principle that a criminal defendant's equal protection rights are violated when jury selection at his trial is "affected by invidious racial discrimination." United States v. Girouard, 521 F.3d 110, 112 (1st Cir. 2008). The "[e]xclusion of black citizens from service as jurors," stated Batson, "constitutes a primary example of the evil the Fourteenth Amendment was designed to cure." Batson v. Kentucky, 476 U.S. 79, 85 (1986). While Batson initially focused on whether the defendant or an excluded juror was part of a cognizable racial group, subsequent cases broadened Batson doctrine to encompass an individual juror's right not to be discriminated against — making the relevant query whether "a peremptory challenge was based on race." See Sanchez v. Roden, 753 F.3d 279, 292 (1st Cir. 2014) (quoting Snyder v. Louisiana, 552 U.S. 472, 476 (2008)). US v. Casey, 825 F. 3d 1 (1st Cir. 2016).
"[T]he State's privilege to strike individual jurors through peremptory challenges . . . is subject to the commands of the Equal Protection Clause," which "forbids the prosecutor to challenge potential jurors solely on account of their race." Batson, 476 U.S. at 89, 106 S.Ct. 1712; see also Davis v. Ayala, ___ U.S. ___, 135 S.Ct. 2187, 2208, 192 L.Ed.2d 323 (2015). "[A]s in any case alleging a violation of the Equal Protection Clause," the key question is "whether the defendant had met his burden of proving purposeful discrimination on the part of the State." Batson, 476 U.S. at 90, 106 S.Ct. 1712. Sifuentes v. Brazelton, 815 F. 3d 490 (9th Cir. 2016).
To answer that question, Batson adopted a burden-shifting approach similar to that used in other civil rights cases. Id. at 94 & n. 18, 106 S.Ct. 1712. First, the defendant must "make out a prima facie case of purposeful discrimination" by providing some evidence, such as the disproportionate exclusion of jurors of a certain race, that a peremptory challenge has been exercised on the basis of race. Id. at 93-94, 106 S.Ct. 1712. "Once the defendant makes a prima facie showing, the burden shifts to the State to come forward with a neutral explanation" for striking the juror. Id. at 97, 106 S.Ct. 1712. "Third, in light of the parties' submissions, the trial court must determine whether the defendant has shown purposeful discrimination" on the part of the prosecutor. Miller-El v. Cockrell, 537 U.S. 322, 328-29, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003) (Miller-El I) (citing Batson, 476 U.S. at 98, 106 S.Ct. 1712). "The opponent of the strike bears the burden of persuasion regarding racial motivation." Ayala, 135 S.Ct. at 2199. Sifuentes v. Brazelton, ibid.
