Batson challenges rarely succeed because courts resist finding strikes discriminatory

Evidence

As Foster and Flowers demonstrate, the Batson method is an imperfect one for addressing the problem of race-based peremptory challenges, as defendants may wait years for evidence of discriminatory peremptory challenges. Legal scholars have discussed the reluctance of courts to make judgments that peremptory challenges are discriminatory (Marder, 2012). As a result, very few Batson challenges are successful (Melilli, 1996). — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 890

Categorization

• corroborated: 2 independent passages support this claim — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law: A Definitive Look at…, 890