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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.
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.
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.
A 2018 study published in the University of Illinois Law Review found that prosecutors and judges tend to remove more African-Americans while defense attorneys remove more whites. [14] [15] As of 2014, the 9th Circuit Court of Appeals has held that a peremptory challenge based on perceived sexual orientation is unconstitutional. [16]
Yet, the equal protection clause does regulate the use of peremptory challenges in the selection of the petit jury from the venire. In the landmark case of Batson v. Kentucky (1986), the Supreme Court reversed a criminal conviction because of the prosecutor's racially motivated use of peremptory challenges. [171] There are three steps to a ...
By Raphael Satter. WASHINGTON (Reuters) - A senior U.S. official who is among those working to evict alleged Chinese hackers from American telecom companies has a word of advice for his fellow ...
English. Read; Edit; View history; Tools. ... Peremptory can refer to any of the following concepts in law: Peremptory challenge;