Full case name Hernandez v. New York Dissent Blackmun | Citations 500 U.S. 352 (more) End date 1991 | |
Plurality Kennedy, joined by Rehnquist, White, Souter Concurrence O'Connor, joined by Scalia Dissent Stevens, joined by Marshall Similar Batson v Kentucky, Snyder v Louisiana, Edmonson v Leesville Concrete, Miller‑El v Dretke, Foster v Chatman | ||
Hernandez v. New York, 500 U.S. 352 (1991), was a decision by the United States Supreme Court, which held that a prosecutor may dismiss jurors who are bilingual in Spanish and English from juries that will consider Spanish-language testimony.
Peremptory challenges are used to remove jurors thought to be undesirable for virtually any reason by either side in a court case. However, in Batson v. Kentucky (1986), the Supreme Court ruled that peremptory challenges may not be used to remove jurors because of their race. In Hernandez, the Supreme Court had to decide whether the peremptory exclusion of two Hispanic jurors was tantamount to exclusion because of race—and therefore violated the Equal Protection Clause of the United States Constitution.