Jean Montoya, Whats So Magical About Black Women?
Peremptory Challenges At the Intersection of Race and Gender, 3 Mich. J. Gender & L. 369 (1996) This article also goes into in depth discussion of the history and caselaw relative to the use of peremptory challenges. In conflict to Ms. Bray’s article, this article proposes that Batson hearings on peremptory challenges do not consume a considerable amount of court time. The article also provides a critical critique of the pros and cons of the Batson standards. In addition, this article discusses the possibility of broadening the scope of peremptory challenge limitations to include challenges that intersect on a combination of gender and race standards. The article mentions United v. Nichols, [EN2] where there was an accusation that the State’s prosecutor purposely excluded the intersectional group of black women from the jury. The trial court denied relief for the defendant, stating that a prima facie case under Batson was not present. The lower federal and state courts have given opini
