Pitchford v. Cain · ¶33

To resolve objections like that, Batson provides a three- step framework. First, a defendant must make a “prima facie showing” that prosecutors have struck prospective jurors “on the basis of race.” Snyder v. Louisiana, 552 U. S. 472, 476 (2008) (internal quotation marks omitted). One common way to meet this burden is statistical—if prosecutors have struck black prospective jurors at a higher rate than white prospective jurors, that may suggest discrimination. Flowers v. Mississippi, 588 U. S. 284, 302 (2019). Another common way to meet this burden is comparative—if “side-by-side comparisons” show prosecutors have struck black prospective jurors while accepting similar white prospective jurors, that too may suggest discrimination. Ibid.

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