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The use of peremptory challenges is controversial as some feel it has been used to undermine the balanced representation on a jury which would occur using random selection. While courts are not allowed to strike out entire groups of people from a particular jury, some would argue that peremptory challenges give individual parties this power. [1]
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.
During jury selection, Leesville used two of their three peremptory challenges on black jurors, leaving a panel of twelve with one African-American. Edmonson, citing Batson, requested that the trial court require Leesville give a race-neutral reason for the peremptory challenges to black jurors, but the court refused. The jury found that ...
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.
And yet, when it was time for challenges, the "State used a peremptory challenge on this juror," the motion says. The defense objected and requested an analysis, as required by legal precedent.
The judge deemed the challenge to be based on discriminatory factors and allowed the juror to be seated. 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 trial ...
Batson v. Kentucky, 476 U.S. 79 (1986) Prosecutors may not use peremptory challenges to dismiss jurors based on their race. Adarand Constructors, Inc. v. Peña, 515 U.S. 200 (1995) Race-based discrimination, including discrimination in favor of minorities (affirmative action), must pass strict scrutiny. Gratz v.
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