Search results
Results from the WOW.Com Content Network
In law, the right of peremptory challenge is a right in jury selection for the attorneys to reject a certain number of potential jurors without stating a reason. Other potential jurors may be challenged for cause, i.e. by giving a good reason why they might be unable to reach a fair verdict, but the challenge will be considered by the presiding judge and may be denied.
Batson v. Kentucky, 476 U.S. 79 (1986), was a landmark decision of the United States Supreme Court ruling that a prosecutor's use of a peremptory challenge in a criminal case—the dismissal of jurors without stating a valid cause for doing so—may not be used to exclude jurors based solely on their race.
McCollum: Is This the End of Race-Based Peremptory Challenges". Howard Scroll: The Social Justice Law Review. 1: 76. ISSN 1070-3713. Vernon, Eric E. (1993). "Georgia v. McCollum: An Unprincipled and Potentially Unjust Ending to the Peremptory Challenge Cases" (PDF). BYU Law Review. 1993: 1019. ISSN 0896-2383.
The second option is a peremptory challenge, where an attorney can exclude a juror without stating any reason. While challenges for cause are unlimited, attorneys have a limited number of peremptory challenges, sometimes as few as four, although 10 is more common in non-capital felony cases. [4]
J. E. B. v. Alabama ex rel. T. B., 511 U.S. 127 (1994), was a landmark decision of the Supreme Court of the United States holding that peremptory challenges based solely on a prospective juror's sex are unconstitutional. [1] J.E.B. extended the court's existing precedent in Batson v.
Peremptory challenges have a long history in the common law. In the United States they have been allowed by statute in federal criminal trials since 1790. States are generally free to legislate their own rules and procedures for peremptory challenges as long as they don't violate the Equal Protection Clause of the Fourteenth Amendment .
The nominee who could become the first Muslim American to serve as a federal appellate court judge is fighting back against characterizations of his work by law enforcement groups that are ...
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.The case is recognized as expanding a Batson challenge to a peremptory strike based on a juror's ethnicity. [1]