Peremptory Challenges

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When selecting a jury, both parties are allowed to remove potential jurors using an unlimited number of challenges for cause (need to state a reason) and a limited number of peremptory challenges (don't need to state a reason). At James Kirkland Batson's trial for burglary and stolen goods, the prosecutor used his peremptory challenges to remove four African Americans from the jury pool. Watson challenged the removal of these jurors as violating his sixth amendment right to an impartial jury and the equal protection clause of the 14th amendment. The jury convicted petitioner on both counts.

The issue at hand is whether the use of peremptory challenges to remove a potential juror form the jury pool based on the race violates the equal protection
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