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. Contents hide
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.
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AnswerWhat is a peremptory challenge in criminal law?
Apr 17, 2020 · A peremptory challenge can be a major part of voir dire. A peremptory challenge also allows attorneys to veto a potential juror on a 'hunch'. The idea behind peremptory challenges is that if both parties have contributed in the configuration of the jury, they will find its verdict more acceptable.
How many peremptory challenges can a lawyer file?
Apr 17, 2022 · Why would a lawyer call for a peremptory challenge? 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. Contents hide. 1 What is the purpose of a peremptory challenge give …
Why do lawyers use peremptories in court?
A peremptory challenge is used by attorneys in the jury selection process to excuse potential jurors without providing a reason why. In this lesson you will learn about the use of peremptory ...
Does a prospective juror’s race influence peremptory challenge use?
One of a limited number of special jury challenges given to each party before trial. 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.
What is a peremptory challenge and why would it 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 would an attorney use a peremptory challenge quizlet?
Prosecutors and defense attorneys routinely use peremptory challenges to eliminate from juries individuals who, although they express no obvious bias, are thought to be capable of swaying the jury in an undesirable direction. You just studied 53 terms!
What is an example of a peremptory challenge?
Typically, a lawyer who uses a peremptory challenge to remove a juror does not have to explain why they decided to do so, and is allowed to remove a juror for arbitrary reasons. A lawyer may, for example, use a peremptory challenge to remove a juror because they do not like the juror's haircut.Aug 31, 2021
Why are peremptory challenges important?
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 gives the parties some control over the jury selection process.
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.
What is meant by peremptory challenges quizlet?
peremptory challenge. allows any party to remove a prospective juror from the jury panel without giving a reason. challenge for cause. ability to exclude a prospective trial juror if bias or prejudice is indicated.
What is the difference between a challenge for cause and a peremptory challenge?
In other words, a challenge for cause is used to get rid of any jurors who can't consider the evidence fairly, or who will be influenced by hidden biases. Challenges for cause differ from peremptory challenges, which may be used by either side to remove prospective jurors for any reason.
What is the difference between a peremptory challenge and a challenge for cause quizlet?
A challenge for cause is an objection to a juror alleging that the juror is incapable or unfit to serve on the jury. A peremptory challenge is made to a juror without assigning any reason.
Are peremptory challenges constitutional?
Parties do not have a federal constitutional right to exercise peremptory challenges. Peremptory challenges are granted by statute or by case law. The number of challenges is usually determined by statute, but some jurisdictions allow the trial court to grant additional peremptory challenges.
What factors would you consider to be discriminatory in relation to peremptory challenges in jury selection?
Existing law prohibits a party from using a peremptory challenge to remove a prospective juror on the basis of an assumption that the prospective juror is biased merely because of the sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical ...
How many peremptory challenges are currently allowed in Canadian criminal law?
All of the possible challenges that can be made are outlined in section 638 of the Criminal Code. After hearing the challenge for cause, a judge decides whether the potential juror is suitable. The Crown and defence can each make an unlimited number of challenges for cause.
What are challenges for cause?
A challenge that aims to disqualify a potential juror for some stated reason. Typical reasons include bias, prejudice, or prior knowledge that would prevent impartial evaluation of the evidence presented in court.
What is a peremptory challenge?
The term peremptory challenge refers to the practice of excusing potential jurors without providing a reason why. Jurors may also be excluded because the attorneys and the judge believe that the juror, for whatever reason, can't be fair. This is called a 'for cause' challenge.
What is the purpose of jury selection?
The purpose of the jury selection process is to seat a fair, unbiased jury. In the context of criminal trials, a jury must represent a fair cross-section of the defendant's community. When peremptory challenges are used to side-step this fair cross-section requirement, the defendant's right to a fair trial is just as quickly destroyed.
What was James Batson charged with?
Kentucky decision. The African American defendant, James Batson, was charged with burglary and receiving stolen goods. During jury selection, the prosecution used its peremptory challenges to remove all African Americans from the jury. Batson was ultimately convicted by an all white jury.
What is the Batson challenge?
Now, if a defendant suspects that the prosecution has used its peremptory challenges for the explicit purpose of eliminating potential jurors based on their race, the defendant can make an objection to the discriminatory composition of the jury. This objection is known as a Batson challenge.
What is a peremptory challenge?
These are known as peremptory challenges, which are ways to get rid of jurors who present no obvious evidence of bias or unsuitability.
Can a judge reject a juror?
Lawyers can ask a judge to reject potential jurors who are biased or incapable of following the law. They can also toss a certain number of unbiased jurors for almost no reason at all…as long as it’s not an improper reason.
What is pretrial publicity?
Criminal cases sometimes generate extensive pretrial publicity, with talking heads expounding on the evidence, the defendant, and the probable outcome of the case. People who have watched, read, or listened to such accounts may have formed opinions that will be hard to put aside.
Reasons For A Peremptory Challenge
- Peremptory challenges occur during the process of jury selection, or voir dire, and are one of the ways the legal system attempts to ensure a fair trial. Ideally, peremptory challenges are used to minimize the risk of bias on the part of jurors who may unconsciously pick a side in the trial in a way that subverts their entirely rational judgment.
Examples of Peremptory Challenge
- A series of Supreme Court cases illustrate both the relatively recent controversy about peremptory challenges and the attempts to preserve them in the American legal system. The controversy stems from concerns about racial discrimination and whether using peremptory strikes to excuse members of a given racial group violates the Fourteenth Amendment.
The Impact of A Peremptory Challenge
- The ideal impact of a peremptory challenge is that a trial is fairer and more fully rational than if such challenges were not used to create a better jury. How is it that removing a juror without an explicit rationale could achieve fairness?The answer to this question comes down to the idea of balance. Some biases may be unconscious or hard to explain. By giving both the defendant and …
Definition of Peremptory
- Pronounced puh-remp-tuh-ree Adjective 1. Decisive, final, or dictatorial 2. A command, ruling, or decision that does not allow for questioning or debate Origin 1505-1515 Latin peremptōrius(final, decisive)
Use of Peremptory Challenge in The Legal System
- While the term peremptory may be used to refer to a variety of rulings, orders, or decisions in the U.S. legal system, its most common use is in the jury selection process. When a jury is needed for a trial, potential jurors report to the courthouse, where they go through a selection process known as voir dire. During this process, the judge and th...
When A Peremptory Challenge Cannot Be Used
- The U.S. Supreme Court has ruled that no party to a legal action can remove a potential juror based on race. While no explanation or reason is given for dismissal via peremptory challenge, if a pattern of excluding jurors based on race emerges, the judge can order the dismissing party to provide reasons for dismissal, and may require voir direof additional jury candidates in order to …
Batson v. Kentucky 476 U.S. 79
- In the 1980s, an African American man by the name of James Kirkland Baston was tried for burglary and receipt of stolen property. During voir dire, the prosecutor used peremptory challenges to dismiss all of the African Americans from the pool of prospective jurors. The jury of all white jurists subsequently convicted Baston of both charges. Baston appealed his case, whic…
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