Snyder v. Louisiana: Continuing the Historical Trend Towards Increased Scrutiny of Peremptory Challenges

Authors

John P. Bringewatt, University of Michigan Law School

Abstract

In March 2008, the Supreme Court decided Snyder v. Louisiana, the latest in the line of progeny of Batson v. Kentucky. This Note demonstrates that Snyder is part of a historical pattern of Supreme Court decisions concerning the use of peremptory challenges in which the Court has moved away from permitting the unfettered use of the peremptory challenge in favor of stronger Equal Protection considerations. Snyder alters the requirements for trial judges in deciding Batson challenges by requiring them to provide some explanation of their reasons for accepting a prosecutor's justification of a peremptory challenge. Snyder is the latest step in the historical pattern of trying to create a more enforceable standard to prevent racial discrimination injury selection and in keeping with this pattern should be broadly interpreted going forward.

Recommended Citation

John P. Bringewatt, Snyder v. Louisiana: Continuing the Historical Trend Towards Increased Scrutiny of Peremptory Challenges, 108 Mich. L. Rev. 1283 (2010).
Available at: https://repository.law.umich.edu/mlr/vol108/iss7/2