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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.
Strike for cause (also referred to as challenge for cause or removal for cause) is a method of eliminating potential members from a jury panel in the United States.. During the jury selection process, after voir dire, opposing attorneys may request removal of any juror who does not appear capable of rendering a fair and impartial verdict, in either determining guilt or innocence and/or a ...
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.
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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]
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.
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]
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.