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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.
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.
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.
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.
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]
The judge deemed the challenge to be based on discriminatory factors and allowed the juror to be seated. [1] Rivera appealed, arguing that the trial judge erred in dismissing the peremptory challenge. The Illinois Supreme Court remanded the case for the trial court to explain why the peremptory challenge in question was discriminatory. The ...
The term law enforcement agency is often used in the United States to refer to police agencies, however, it also includes agencies with peace officer status or agencies which prosecute criminal acts. A county prosecutor or district attorney is considered to be the chief law enforcement officer of a county.
A peremptory writ of mandamus (also peremptory writ of mandate or simply peremptory mandamus) is an absolute and unqualified writ (a formal written command) to the defendant to do the act in question. It is issued when the defendant defaults on, or fails to show sufficient cause in answer to, an alternative mandamus.