The Proper Remedy for a Lack of Batson Findings: The Fall-Out from Snyder v. Louisiana

Abstract

This article addresses the proper remedy for a trial court’s failure to make required findings supporting denial of a Batson challenge pursuant to the Supreme Court’s decision in Snyder v. Louisiana. Since Snyder, the courts have split on whether a new trial is automatically required where the requisite Batson findings have not been made or whether the case should be remanded for further findings or an evidentiary hearing. This article argues that a new trial should be required and that remands have proven extremely ineffective and inefficient.

Keywords: Batson, Snyder, peremptory challenge

JEL Classification: K14