Batson v. Kentucky: New Approaches to Decoding Discriminatory Motive for Peremptory Jury Strikes
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will explore best practices to avoid drawing accusations of discrimination when using peremptory jury strikes, the strategic uses and risks they create in terms of liability and cost, and how courts decipher pretextual exclusions on race, gender, or other group identities. The panel will review the Batson challenge process, shifting burdens of proof, and appeals issues, as well as discuss recent circuit decisions that raise issues about what constitutes a discriminatory intent to exclude. The program will also discuss major changes in state law to address "implicit bias."
- Overview of Batson jurisprudence and applicability
- Three-step Batson process
- Rebuttal of prima facie case
- Inherently race/gender bases reasons
- Types of evidence considered
- Recording the jury venire
- Assessment by the trial court
- Abuse of discretion
- Statistical evidence of the use of strikes against a particular group
- Disparate questioning
- Comparative analysis
- Misrepresentations of the record
- Relevant history in past cases
- Other relevant circumstances
- Standard of review on appeal
- Emerging state solutions in California, Connecticut, and Washington
The panel will review these and other key issues:
- What is the standard for determining if a jury strike is suspect?
- What is a "neutral" reason for a peremptory strike?
- How much of a nexus is required between the reason?
- Does distrust of the criminal justice system and police provide a race-neutral basis for peremptorily challenging a juror?
- Are race or gender goals for jury makeup suspect under Batson?
- Does it matter if those goals are created with data developed by jury consultants or mock trials?
- What evidence in the record can be used to show that a strike was based on the proposed jury’' conduct during venire, and how can counsel preserve it?
- How can counsel spot and prevent abusive Batson challenges?
Matthew S. Adams
Mr. Adams is Co-Chair of the firm’s White-Collar Criminal Defense & Regulatory Compliance Practice Group and... | Read More
Mr. Adams is Co-Chair of the firm’s White-Collar Criminal Defense & Regulatory Compliance Practice Group and an experienced criminal and civil trial attorney. He has a diverse national practice focusing on criminal defense, regulatory compliance and complex commercial litigation.Close
Robert H. Edmunds, Jr.
Justice Edmunds helps clients navigate complex criminal and civil appeals in state and federal court. He also protects... | Read More
Justice Edmunds helps clients navigate complex criminal and civil appeals in state and federal court. He also protects clients’ interests in constitutional and other high-stakes litigation. Justice Edmunds draws from his breadth of experience in government and the private sector. He is board certified as a specialist in appellate practice, state criminal law and federal criminal law.Close
Patrick J. Egan
Mr. Egan is a former co-chair of the firm's White-Collar Criminal Defense & Regulatory Compliance Practice. A... | Read More
Mr. Egan is a former co-chair of the firm's White-Collar Criminal Defense & Regulatory Compliance Practice. A Fellow of the American College of Trial Lawyers, he has more than 30 years of experience representing businesses, executives, professionals and other individuals in federal white-collar criminal defense matters and parallel civil actions. Mr. Egan served as Independent Counsel to the Ethics Committee of the Pennsylvania House of Representatives. He has successfully represented numerous defendants in investigations and jury trials.Close
Marissa Koblitz Kingman
Ms. Kingman focuses her practice on white-collar criminal defense and complex commercial litigation.| Read More
Ms. Kingman focuses her practice on white-collar criminal defense and complex commercial litigation.Close
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