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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.
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.
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.
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Kentucky (1986) that prosecutors cannot make peremptory challenges based on race, but did not address whether defendants could use them. [2] The court had already ruled in Edmonson v. Leesville Concrete Company (1991) that the Batson prohibition also applies to civil litigants because they are state actors during the jury selection process. [3]
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]
The request comes after NBC News published a series on the lack of accountability for federal law enforcement agencies and the local officers granted federal powers who serve on task forces.
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.