The Archive
Reference Library
The founding document as written, a plain overview of the seven Articles, and a glossary of archaic and legal terms.
Back to Supreme Court Rulings
Criminal Procedure
Batson v. Kentucky
Decided: 1986
In brief
Barred prosecutors from excluding jurors based on race through peremptory strikes.
The Court's ruling in depth
Prosecutors historically enjoyed unfettered peremptory challenges to remove prospective jurors without giving a reason. Batson held that using them to strike jurors because of race violates equal protection. Once a defendant makes a prima facie showing, the prosecution must provide a race-neutral explanation. Later cases extended Batson to gender and to civil litigants. Enforcement, however, remains contested; race-neutral pretexts are often accepted.