At Warren King's trial, the prosecutor used strikes to eliminate 87.5 percent of the eligible Black jurors and only 8.8 percent of the eligible white jurors, all women.During jury selection, each side has a number of “peremptory strikes,” that can be used to dismiss a juror without having to give a reason. But if lawyers believe the other side is getting rid of jurors solely because of their race, they can raise a Batson challenge.
“Discrimination based on race and gender must have no role in our criminal legal system and certainly not when a man’s life is at stake," Anna Arceneaux, one of King's lawyers, said in a statement. In the final phase of the appeals process, the 11th US Circuit Court of Appeals called the record in the case “troubling” but deferred to the state court's findings.Justice Ketanji Brown Jackson wrote a dissent, joined by Justice Sonia Sotomayor, saying she would send the case back to the 11th Circuit to consider the claims under the Batson rule without deferring to the state court findings.
But if lawyers believe the other side is getting rid of jurors solely because of their race, they can raise a Batson challenge.
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