Batson for the Bench? Regulating the Peremptory Challenges of Judges

In the Chicago-Kent Law Review, Symposium on Race and Criminal Law, Vol. 73, No. 2, 1998

Posted: 26 Oct 1998

See all articles by Nancy J. King

Nancy J. King

Vanderbilt University - Law School

Date Written: April 1998

Abstract

This article discusses peremptory challenges of judges (not jurors). Over a dozen states grant prosecutors and defendants a right to strike one judge assigned to their case without providing a specific reason. Other jurisdictions are debating whether to create such a right. The author doubts the wisdom of the judicial peremptory challenge, raising, in particular, the danger that parties will exercise the right based on the judge's race. The article evaluates this danger in light of existing empirical data and considers how Batson might apply to limit race-based judicial strikes, including the issue of who would have standing in this context to raise such a Batson claim.

Suggested Citation

King, Nancy J., Batson for the Bench? Regulating the Peremptory Challenges of Judges (April 1998). In the Chicago-Kent Law Review, Symposium on Race and Criminal Law, Vol. 73, No. 2, 1998, Available at SSRN: https://ssrn.com/abstract=137574

Nancy J. King (Contact Author)

Vanderbilt University - Law School ( email )

131 21st Avenue South
Nashville, TN 37203-1181
United States
(615) 343-9836 (Phone)
(615) 322-6631 (Fax)

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