Table of Contents
Who can be removed by a peremptory challenge?
The change goes into effect on January 1, 2022. In the United States, the use of peremptory challenges by criminal prosecutors to remove persons from a cognizable group (i.e., of one race, ethnicity, or gender) based solely on that group characteristic has been ruled to be unconstitutional in Batson v.
Which of the following is true of peremptory challenges?
Which is true of peremptory challenges during jury selection? They can be used to excuse jurors for no particular reason. They can be used to excuse jurors for no particular reason.
What does a peremptory challenge do quizlet?
A challenge used to question the racial, ethnic, religious, etc. motives of a peremptory challenge. If used, a lawyer using a peremptory challenge must provide a “for cause” reason to strike a juror. Large group (12-24) of jurors who decide if a person should be indicted.
When can peremptory challenge be used?
A peremptory challenge results in the exclusion of a potential juror without the need for any reason or explanation – unless the opposing party presents a prima facie argument that this challenge was used to discriminate on the basis of race, ethnicity, or sex.
Why is the peremptory challenge good?
Those who favor retention of the peremptory challenge point to its four purposes: The peremptory challenge allows litigants to secure a fair and impartial jury. It allows an attorney to search for biases during the selection process without fear of alienating a potential juror.
What is true about peremptory challenges to prospective jurors?
What does a peremptory challenge do?
In addition to challenges for cause, each lawyer has a specific number of peremptory challenges. These challenges permit a lawyer to excuse a potential juror without stating a cause. In effect, they allow a lawyer to dismiss a juror because of a belief that the juror will not serve the best interests of the client.
What is the purpose of peremptory challenges?
What is the reason that a lawyer must give for a peremptory challenge of a prospective juror?
The rationale behind allowing peremptory challenges is to give the attorneys an opportunity to seat the best jury for each case. Since each side will reject the jurors that they presume will favor the other side, the result should be a well-balanced jury.
What is the purpose of a peremptory challenge give an example?
A peremptory challenge permits a party to remove a prospective juror without giving a reason (e.g., disqualification, implied bias or actual bias) for the removal. During jury selection, each side will challenge potential jurors that the party views as most likely to disagree with their factual and legal theories.
How is a peremptory challenge used in jury selection?
A peremptory challenge may be used by either party to a legal action in the jury-selection phase, to dismiss a potential juror without stating a reason. Other peremptory orders may be made by the court, such as setting a peremptory trial date, which cannot be changed or challenged by either party.
Can a potential juror be dismissed based on race?
In many cases, a party simply feels that a potential juror would not be suitable, but does not want to state a reason. Such a juror can be dismissed using a peremptory challenge. The U.S. Supreme Court has ruled that no party to a legal action can remove a potential juror based on race.
When does a prosecutor challenge a potential juror?
If a prosecutor has information concerning a potential juror that suggests he or she may unduly favour the prosecution the prosecutor should either challenge or stand aside the potential juror or make the information available to the defence. There is no corresponding obligation on the defence. [14]
Are there limits to number of peremptory challenges?
In addition to dismissals for cause, each attorney is allowed a specific limited number of peremptory challenges, which allow them to dismiss jury candidates without stating any reason at all. The number of peremptory challenges allowed each party varies by state.