Batson v. Kentucky

The Court held that prosecutors may not use peremptory challenges to exclude jurors because of their race.

Overview

At James Batson's burglary trial in Louisville, the prosecutor used peremptory strikes to remove all four Black people from the jury pool, leaving an all-white jury. Justice Lewis Powell, writing for a 7-2 majority in 1986, held that the Equal Protection Clause forbids race-based strikes and eased the heavy burden of proof that Swain v. Alabama had imposed on defendants. The decision created a three-step procedure: the defendant makes a prima facie showing, the prosecutor offers a race-neutral explanation, and the judge decides whether discrimination occurred. The Court later extended Batson to civil cases, to strikes by defense counsel, and to sex-based strikes.