Kentucky: Application to Whites and the Effect on the Peremptory Challenge
System, 32 COLUM.
Morehead, When a Peremptory Challenge
Is No Longer Peremptory: Batson's Unfortunate Failure To Eradicate Invidious Discrimination from Jury Selection, 43 DePaul L.
Because of this information gap, litigants regularly exercise peremptory challenges
in a discriminatory manner.
First, that the peremptory challenge
, which allows litigants to remove qualified potential jurors simply because they want them gone, is anti-democratic.
The test would function as follows: If peremptory challenges
skewed the diversity of suspect classifications on the jury, then a lawyer would need to justify his strikes with reference to specific and individualized concerns about each juror's impartiality.
Jury consultants' use of information gained from potential juror social media profiles can help facilitate for cause challenges and better utilize peremptory challenges
29) Because the right to exercise a peremptory challenge
was not constitutionally required or "indispensable to a fair trial," the Illinois Supreme Court held that the trial court's flawed application of the Batson process was not structural error requiring automatic reversal.
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
The peremptory challenge
is a longstanding jury selection tool that allows parties to remove prospective jurors without cause.
that jurors be identified by number only in both criminal and civil trials this accords with the preference of the majority of jurors; that peremptory challenges
be retained in criminal and civil trials and that the number of these challenges be reduced from six to three in criminal trials (and equivalently for Crown stand asides) and from three to two in civil trials; and the repeal of section 48 of the Juries Act, which provides for balloting off jurors in criminal trials in excess of 12 jurors, and in civil trials in excess of six jurors, prior to the jury retiring to consider its verdict.
The Court of Appeals af-firmed the judgment of the trial court, holding that Kerry could not prove she was harmed by the trial court's refusal to strike four allegedly biased jurors because she did not show that she had been forced to exhaust her peremptory challenges
to eliminate these jurors.
Other topics include what judges and lawyers need to know about modern jury selection methods, peremptory challenges
, challenges for cause, and an update on the case law of jury selection.
Lawyers for the state and for the 24-year-old hotel clerk began using their peremptory challenges
of prospective jurors Wednesday, but used only four of the 24 such challenges available to them.
There is not the same scrutiny of prospective jurors, or elaborate questioning of them prior to the trial with the right of peremptory challenges