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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.
A struck jury is a multi-step process of selecting a jury from a pool. First potential jurors are eliminated for hardship. Second jurors are eliminated for cause by conducting voir dire until there is a pool available that is exactly the size of the final jury (including required alternates) plus the number of peremptory challenges available to each side.
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.
Powers v. Ohio, 499 U.S. 400 (1991), was a United States Supreme Court case that re-examined the Batson Challenge. [1] Established by Batson v.Kentucky, 476 U.S. 79 (1986), the Batson Challenge [2] prohibits jury selectors from using peremptory challenges on the basis of race, ethnicity, gender, and sex.
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]
New York City Police Department lieutenant debriefing police officers at Times Square. Law enforcement is the activity of some members of the government or other social institutions who act in an organized manner to enforce the law by investigating, deterring, rehabilitating, or punishing people who violate the rules and norms governing that society. [1]
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 ...
Flowers v. Mississippi, No. 17–9572, 588 U.S. 284 (2019), is a United States Supreme Court decision regarding the use of peremptory challenges to remove black jurors during a series of Mississippi criminal trials for Curtis Flowers, a black man convicted on murder charges.