A peremptory challenge may be used to dismiss a possible juror who demonstrates a bias concerning the issues that will be discussed over the course of the trial. A peremptory challenge is one that attorneys use to dismiss a potential juror who may not be sympathetic to the point of one side or the other.
A peremptory challenge also allows attorneys to veto a potential juror on a "hunch". ... Their use allows attorneys to use their training and experience to dismiss jurors who might say the correct thing, but might otherwise harbor prejudices that could infringe the rights of the defendant to a fair trial.
Full
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. Click to see full answer.
How many peremptory challenges can a lawyer file?
Why would a lawyer use a peremptory challenge? A peremptory challenge also allows attorneys to veto a potential juror on a “hunch”. Their use allows attorneys to use their training and experience to dismiss jurors who might say the correct thing, but might otherwise harbor prejudices that could infringe the rights of the defendant to a fair trial.
Does a prospective juror’s race influence peremptory challenge use?
A peremptory challenge is used by attorneys in the jury selection process to excuse potential jurors without providing a reason why. In this lesson... for …
What is a peremptory?
A peremptory challenge may be used to dismiss a possible juror who demonstrates a bias concerning the issues that will be discussed over the course of the trial. A peremptory challenge is one that attorneys use to dismiss a potential juror who may not be sympathetic to the point of one side or the other.
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.
For what reasons might an attorney use a peremptory challenge quizlet?
the to challenge a potential juror without disclosing the reason for the challenge. 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.
What is an example of peremptory challenge?
Peremptory Challenge and Juror Bias Potential jurors may inherently be biased against certain acts or people. For instance, a retired police officer may not be able to serve impartially in a trial for a defendant accused of shooting a police officer while trying to escape a drug house.Sep 21, 2015
What are the benefits of peremptory challenges of potential jurors?
Peremptory challenges enable litigants to remove otherwise qualified prospective jurors from the jury panel without any showing of cause, and accordingly, are often exercised on the basis of race.
What does a peremptory challenge do quizlet?
What is a peremptory challenge, and how many do you have? 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.
What is a cause challenge?
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. ACADEMIC TOPICS.
What does a peremptory challenge in a court case mean?
Peremptory challenges allow the accused to reject potential jurors who they perceive to be implicitly or explicitly biased, particularly with respect to the accused's race, and to try to keep jurors who share the same background as the accused through the exclusion of other jurors.Nov 23, 2020
Are peremptory challenges legal?
Each side shall be entitled to eight peremptory challenges. If there are several parties on a side, the court shall divide the challenges among them as nearly equally as possible. ... When each side passes consecutively, the jury shall then be sworn, unless the court, for good cause, shall otherwise order.
How do you oppose a peremptory challenge?
Once a peremptory challenge is made, the judge cannot oppose it. As long as the challenge is made in a timely manner, the judge immediately loses jurisdiction over the case. This means any action that he makes in the case shall be considered “void.”
What is the difference between a challenge for cause and peremptory challenge?
Challenges for cause differ from peremptory challenges, which may be used by either side to remove prospective jurors for any reason. ... Once a challenge for cause is made, it is up to the judge to decide whether the potential juror is fit to serve on the jury. Challenges for cause may be based on a variety of factors.
What type of challenge is one in which the attorney states the reason why a prospective juror should not be included on the jury?
Because attorneys don't generally have to give a reason when they use a peremptory challenges, there is a risk that they will be used to strike prospective jurors based on sex, race, ethnicity or religion. In Batson v Kentucky, 476 U.S. 79, 106 S.
Can the opposing side object to a peremptory challenge?
Can the opposing side object to a peremptory challenge? No. No one can object.
Why are peremptory challenges controversial?
The use of peremptory challenges is controversial as some feel it has been used to undermine the balanced representation on a jury which would occur using random selection. While courts are not allowed to strike out entire groups of people from a particular jury, some would argue that peremptory challenges give individual parties this power (Yeazell 624). This reach of power has allowed, and still can allow, attorneys to simply strike out groups of people, even if just on a whim (e.g. all football fans may be struck from the jury). However, in the criminal case Batson v. Kentucky, 476 U.S. 79 (1986), it was held that the prosecution's actions of striking groups of people based on race violated parties' right to equal protection. This holding was further applied to civil cases in 1991 ( Edmonson v. Leesville Concrete Co., 500 U.S. 614 (1991)). Despite this, it still remains in use in several jurisdictions and in some cases leads to extensive and expensive jury research, aimed at producing a favorable jury.
What is the right of peremptory challenge?
In American and Australian 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, ...
How many peremptory challenges are there in Canada?
The number of challenges awarded to each of the prosecutor and the defense depended on the type of charge and maximum potential sentence. Twenty challenges were awarded in cases for high treason and first degree murder, twelve challenges for offenses with a maximum penalty greater than five years, and four challenges for jury eligible offenses with a penalty of five years or less; However, in cases where the judge orders that thirteen or fourteen jurors be sworn in as opposed to the usual twelve, both the prosecution and the defense received one additional challenge per additional juror seat.
When were peremptory challenges first used?
Peremptory challenges were first used in England not many years after the assizes of Clarendon of 1166 allowed jury trials. When the concept was first introduced into the jury system, the maximum number of peremptory challenges allowed was thirty-five.
Can a DWI be peremptory?
All jurisdictions in the United States (including the Virgin Islands) allow for peremptory challenges; the number depends on the jurisdiction and the type of case (i. e., more challenges may be permitted in a murder case than for DWI).
How many jurors can challenge a defence in Hong Kong?
Unlike England, no statutory change has been made to abolish the right. Each party of the defence is entitled to challenge up to a maximum of five jurors without providing cause.
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 the parties’ attorneys question each potential juro…
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…
Overview
In American and Australian 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. A peremptory challenge can be a major part of voir dire. A peremptory challenge also allows attorn…
Controversy
The use of peremptory challenges is controversial as some feel it has been used to undermine the balanced representation on a jury which would occur using random selection. While courts are not allowed to strike out entire groups of people from a particular jury, some would argue that peremptory challenges give individual parties this power (Yeazell 624). This reach of power has allowed, and still can allow, attorneys to simply strike out groups of people, even if just on a whi…
Use by country
The majority of the provinces in Argentina allow four peremptories per side and limitless challenges for cause during the voir dire.
All Australian states allow for peremptory challenges in jury selection; however, the number of challenges granted to the counsels can vary between states.
The rules regarding peremptory challenges in Canada were laid out in §634 of the Criminal Codeof …
Disqualification of judges
Another form of the peremptory challenge (or peremptory disqualification), available in some jurisdictions, is the right to remove a judge assigned to hear the case without showing that the judge is actually biased or had a conflict of interest. While actual determination of a judge's bias is not required to employ the peremptory challenge, the moving party must still allege bias under oath. In jurisdictions that have this form of peremptory challenge, it generally may only be used …
See also
• Strike for cause
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