prohibited the use of peremptory challenges
where such a challenge would
origins of the peremptory challenge
, the justifications for this
The Court diluted Batson's power to combat racial discrimination through the use of peremptory challenges
in Purkett v.
prosecutor who used peremptory challenges
impermissibly, since no
For example, the jury pool and the petit jury selection processes proceed in much the same fashion in both federal civil and criminal trials, with the only significant difference being the number of peremptory challenges
afforded to each party following voir dire.
The Second Circuit overlooks the substantive difference between being denied the exercise of peremptory challenges
and being denied the protection of well-settled federal law concerning the use of those challenges.
Voir dire should be sufficient to disclose grounds for challenges for cause and to facilitate intelligent exercise of peremptory challenges
Massachusetts lawyers have limited information on which to base challenges for cause and virtually none upon which to base peremptory challenges
He said the only sure way to root out discrimination in jury selection is to abolish the peremptory challenge
153) However, the new legislation also included an additional requirement that had never been explicitly spelled out by the Court of Appeals--namely, that the defendant also must have exercised or been prevented from exercising a peremptory challenge
over the specific juror challenged for cause.
If the challenge for cause fails, the challenger still has available the peremptory challenge
or the stand aside.
In 1948, Congress passed a law that allows a litigant in a federal court to exercise what amounts to a peremptory challenge
to a judge, just as an attorney might strike a juror.
This exclusion almost always happens in the peremptory challenge
portion of jury selection, when attorneys for "neutral" reasons can exclude any juror.
During the second day of jury selection in the case, Assistant District Attorney Lisa Casella exercised a peremptory challenge
against a Hispanic man who was one of only two Hispanics remaining in the jury pool, according to the ruling.
Instead, it may be time to subject the entire peremptory challenge
inquiry to the scrutiny of behavioral realism, whose "only real normative commitment," write Jerry Kang and Kristin Lane, is to stand "against hypocrisy and self-deception.