Kevin Whalling, Chief Counsel for the Whalling Law Group, PLLC is representing a young Asian-American man named Tran Nguyen that has been accused of aggravated assault. During the voir dire process, Mr. Whalling begins to suspect that the prosecutor is utilizing preemptory challenges to remove potential Asian Americans jury members based on racial bias.

Mr. Whalling wants to mount a Baston Challenge to the removal of the Asian-American jury members. However, Mr. Whalling has not made a Baston Challenge before and he knows that in order to persuade the newly appointed judge with little criminal trial law experience that he’ll need to provide an expansive overview of the jury process in America.

Mr. Whalling has asked you to prepare a Memorandum of Law about juries that he may review to prepare his Baston Challenge.

Remember that this is an internal memorandum for Mr. Whalling; while his job is to attempt to persuade the judge to accept his Baston Challenge, you can provide an objective analysis concerning juries and the issue of whether such Baston Challenges are successful.