Should a prosecutor's peremptory challenges be challenged by the defense, the defense must first demonstrate how the prosecutor's actions are discriminatory by certain factors.

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This is true. In Batson v. Kentucky, the US Supreme Court established a three-step process for evaluating claims of discriminatory peremptory challenges. The defense must first make a prima facie showing that the prosecutor used peremptory challenges to discriminate against potential jurors based on race, gender, religion, or other protected characteristics. If the defense provides sufficient evidence, the burden shifts to the prosecutor to provide race-neutral reasons for the challenges. Finally, the court evaluates whether the prosecutor's reasons were legitimate or a pretext for discrimination.

Should a Prosecutor's Peremptory Challenges Be Challenged by the Defense