Document Type
Article
Publication Title
Chicago-Kent Law Review
Publication Date
1998
ISSN
0009-3599
Page Number
509
Keywords
judges, disqualification
Disciplines
Judges | Law
Abstract
The choice of whether to adopt or preserve judicial peremptories should not turn on the resolution of one issue. The risk that such challenges will be used to discriminate between judges on the basis of race must be considered along with the other disadvantages of the challenge and weighed against its potential benefits. Nevertheless, if there is one lesson to be learned from the last few decades of scrutiny of the criminal justice system, it is that discretion can and will be used to discriminate. This difficulty weighs heavily against injecting into our justice system additional discretionary opportunities for litigants to play the race card, absent a truly compelling reason to do so.
Recommended Citation
Nancy J. King,
"Batson" for the Bench? Regulating the Peremptory Challenge of Judges, 73 Chicago-Kent Law Review. 509
(1998)
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/695