Issues of Justice Since Batson v. Kentucky: The Ethical Implications of Peremptory Strikes in Jury Selection

Author

• Andrew M. Nichols, University of MississippiFollow

Date of Award

Spring 5-9-2026

Document Type

Undergraduate Thesis

Department

Public Policy Leadership

First Advisor

Zachary Vereb

Second Advisor

Aaron Graham

Third Advisor

Sue Ann Skipworth

Relational Format

Dissertation/Thesis

Abstract

The usage of peremptory strikes in jury selection have led to several issues over the course of American history. Since their inception in English Common Law, their ethically questionable use has led the United States Supreme Court to rule on them repeatedly, most notable in 1986’s decision Batson v. Kentucky. This case allowed attorneys to challenge the opposing counsel if they suspected that jurors may have been removed from the venire due to their race and reinstate them if such discrimination was present. This thesis argues that this decision has not corrected the ethical issues that I identify, namely that peremptory strikes permit and even perpetuate malicious bias, are exclusionary, can be used in an arbitrary fashion, and do not allow for transparency in public institutions. To expand on this, I explore the current literature surrounding peremptory strikes and legal-adjacent topics. Then, I draw on John Rawls’s 1993 work Political Liberalism to develop normative tools to more carefully assess the legitimacy of peremptories in the US. Drawing from the original position, the equal rights principle, the difference principle, and public reason, I explain how peremptory strikes are unethical and so either in need of reform or abolition. More specifically, having laid the groundwork to explain the present issues and why they are ethically concerning, I outline three practical solutions for the American legal system: the abolition of peremptory strikes, a randomized jury-selection system, and a revised causal removal method. I conclude by advancing the abolition of peremptory strikes as my recommended solution, with the caveat that any of the three proposals discussed would be morally preferable to the current model.

Recommended Citation

Nichols, Andrew M., "Issues of Justice Since Batson v. Kentucky: The Ethical Implications of Peremptory Strikes in Jury Selection" (2026). Honors Theses. 3461.
https://egrove.olemiss.edu/hon_thesis/3461

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