In a federal civil trial, one party contends that the opposing counsel used peremptory strikes to exclude potential jurors based on their race. How should the court respond to this objection?
Consider a mistrial if discrimination is found, depending on the circumstances.
Evaluate the objection through a recognized process, including reviewing the justification for the strikes and analyzing possible discrimination.
Remove the impacted jurors and select a new jury panel from the start.
Require substantial evidence of discriminatory intent to sustain the objection.
The correct response is to evaluate the objection using the procedural framework established in Batson v. Kentucky. First, the objecting party must provide sufficient evidence to suggest discriminatory intent. Then, the opposing party has the opportunity to articulate a race-neutral justification for the strikes. Finally, the court evaluates whether purposeful discrimination occurred. This measured approach ensures the fairness of jury selection without veering into drastic or unsupported measures.
The other options deviate from legally recognized procedures. Removing affected jurors and restarting with a new jury panel is inefficient and not mandated, as courts can often address violations through targeted corrective action. Considering a mistrial without exploring alternative remedies ignores judicial efficiency and proportionality. Requiring 'substantial evidence' of discriminatory intent before acting places an unnecessarily high initial burden on the objecting party, which contravenes the Batson framework that allows claims to proceed based on an initial inference of discrimination.
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Multistate Bar Examination
Civil Procedure
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