A Batson challenge is a challenge filed by a defense attorney that the prosecution has struck jurors in a racially discriminatory manner. When a Batson challenge is made and the defense is able to show that jurors were struck apparently on race, the prosecutor must then offer a race-neutral explanation for the decision. For example, if the prosecutor struck the lone African-American juror from the panel, the prosecutor might respond that he or she struck that juror because the person refused to make eye contact. Refusal to make eye contact likely would suffice as a sufficient, race-neutral explanation.

• What is voir dire?
• Can a defendant waive his or her right to a jury?
• Is a defendant entitled to a jury trial?
• If the case proceeds to trial what happens next?
• If the grand jury refuses to indict can the prosecutor re-file?
• What are other distinguishing features of a grand jury?
• What is a grand jury?
• Can a defendant waive a preliminary hearing?
• What does a defense attorney hope to accomplish at a preliminary hearing?
• Does a defendant have a right to a preliminary hearing in state court?
• What is a preliminary hearing?
• What is an information?
• Does a judge have to accept a plea bargain and give the defendant the sentence offered by the prosecution?
• Once a prosecutor offers a plea bargain can he or she renege on the deal?
• What are possible disadvantages of plea bargaining?
• What are the benefits of plea bargaining?
• What is the process of plea bargaining?
• What happens if the defendant pleads guilty?
• Does the defendant have to physically appear before a judge at the initial appearance and the arraignment?
• What else takes place at the arraignment?