CrimLaw

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Minnesota Deals With the Batson Rule:

Actually, after having read the article, I come to the conclusion that not much is going on here. Apparently the Defense tried to use a peremptory strike to remove a black lady from the jury who " had had substantial exposure to the police as the daughter of a police officer and former trainee at the police academy." The prosecution raised a Batson objection and the court disallowed the strike.

The trial court's decision is hard to defend. That much exposure to police is adequate to make a motion for a strike for cause. And surely it is reason enough that a peremptory strike must be allowed. Heck, I would love to be able to justify my peremptory strikes that well.

Anyway, by not striking the juror the judge denied the Defendant a jury he could have confidence in (as much as is allowed by law) and therefore the Supreme Court is correct in its decision that there must be a retrial.

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