Abstract
A Batson challenge is an objection to the use of peremptory challenges to dismiss potential jurors based on their race; however, Batson challenges are rarely successful. In this paper, we apply Critical Race Theory (CRT) as a framework to analyze the Batson Challenge. More specifically, we argue that the Batson challenge is a practice grounded in interest convergence that underscores the permanence of racism in the judicial system. We explore three interests of Batson: (1) the protection of the Sixth Amendment right to a fair trial; (2) the protection of the Fourteenth Amendment; and (3) the promotion of public trust in the system. Furthermore, the permanence of racism is evident in unrepresentative juries and the quality of deliberations, as Black defendants are more likely to be convicted and sentenced to longer and harsher sentences when Black jurors are not present during jury deliberations. This article engages CRT as an instrumental theory in examining a contemporary issue of race and criminal justice.
Last Page
209
First Page
179
Recommended Citation
Addrain Conyers, Amanda Bergold & Antoinette Critelli,
Challenging Batson: Interest Convergence and Permanence of Racism in Jury Selection,
28
The Scholar
179
(2025).
Available at:
https://commons.stmarytx.edu/thescholar/vol28/iss2/1
Volume Number
28
Issue Number
2
Publisher
St. Mary's University School of Law
Editor
Priscilla Okolie
ISSN
1537-405X
