--- title: "Peremptory Challenges | Criminal Law" description: "Peremptory challenges let attorneys strike a limited number of jurors without giving a reason, but they cannot be used in a discriminatory way." canonical: "https://fiveable.me/criminal-law/key-terms/peremptory-challenges" type: "key-term" subject: "Criminal Law" unit: "Unit 9" --- # Peremptory Challenges | Criminal Law ## Definition Peremptory challenges are limited jury strikes lawyers can use in Criminal Law without stating a reason. They shape jury selection, but they cannot be used to exclude jurors for discriminatory reasons. ## What It Is Peremptory challenges are the limited jury strikes each side can use during jury selection in a criminal trial without explaining why they want a juror removed. In Criminal Law, this comes up during voir dire, when lawyers and the judge question potential jurors and decide who should stay in the pool. The big difference is that a peremptory challenge does not require proof of bias. If a lawyer thinks a juror seems inattentive, hesitant, overly friendly to the other side, or just not a good fit for the case, that juror may be struck even if there is no clear legal reason on the record. That makes peremptory challenges more flexible than challenges for cause. A challenge for cause is used when there is a specific problem, like a juror admitting prejudice, a relationship to someone in the case, or another conflict that would make fair judgment doubtful. With a peremptory challenge, the lawyer does not have to spell that out. But the strike is not unlimited, and the number allowed depends on the jurisdiction and sometimes the type of case. There is also a major constitutional limit: peremptory challenges cannot be used to discriminate based on race, gender, or ethnicity. If one side appears to be using strikes in a biased pattern, the other side can object and ask the court to review the reason. That is why these challenges are discretionary, but not free from scrutiny. In a trial, this part of jury selection is less dramatic than testimony or closing arguments, but it can still shape the whole case. The jury that ends up deciding guilt or innocence has already been filtered by voir dire, challenges for cause, and peremptory strikes, so this step can affect how the trial feels and how the facts are received. ## Why It Matters Peremptory challenges matter because they sit right in the middle of jury selection, where the court tries to build a fair panel and the lawyers try to remove jurors they think may be unfavorable. In Criminal Law, that makes them one of the clearest examples of how procedure and strategy overlap. This term also helps you spot the difference between lawful trial strategy and improper exclusion. A lawyer can strike a juror for a reason that would be hard to prove in court, but that discretion has limits. That is why peremptory challenges are often discussed alongside Batson-style objections and constitutional rules against discrimination. You will also see this term when a professor or exam question wants you to trace the order of trial steps. Jury selection is not just a warm-up before the real case starts. It is part of the trial itself, and peremptory challenges are one of the tools that can change who sits in judgment. If you are reading a case or a fact pattern, this term often signals a question about whether the lawyer acted within trial rules, whether an objection should be raised, or whether a jury selection move crossed a legal line. ## Connections ### jury selection Peremptory challenges are one part of jury selection, not the whole process. Jury selection includes assembling the venire, questioning jurors, removing people for cause, and then using peremptory strikes to fine-tune the panel. If you see this term in a case, ask where in the selection process it happens and what the lawyer is trying to change about the final jury. ### [voir dire](/criminal-law/key-terms/voir-dire) Voir dire is the questioning stage that gives lawyers information before they use peremptory challenges. The answers and body language they notice during voir dire often shape which jurors they strike. If a question asks why a lawyer removed someone without explanation, the answer usually starts with what came out during voir dire. ### [challenges for cause](/criminal-law/key-terms/challenges-for-cause) Challenges for cause are the direct contrast to peremptory challenges. They require a specific legal reason, like a juror showing bias or a conflict of interest, and the judge decides whether the strike is allowed. If a fact pattern gives an obvious reason to remove a juror, a challenge for cause is usually the first move to think about. ### [bench trial](/criminal-law/key-terms/bench-trial) Peremptory challenges matter only when there is a jury to select, so they do not apply in a bench trial. In a bench trial, the judge decides the facts instead of a jury, which means there is no jury pool to shape. That makes this term a quick clue that the case is being tried before jurors, not just a judge. ## On the AP Exam A quiz or case-analysis question on peremptory challenges usually asks you to identify the stage of the trial, explain why a juror was removed, or tell whether the strike was allowed. Look for clues that the attorney removed a juror without stating a reason, then separate that from a challenge for cause, which needs a specific justification. If the fact pattern mentions race, gender, or ethnicity, you should immediately think about whether the strike may be discriminatory and whether an objection should be raised. In a short-answer or essay response, use the term to show how jury selection works in practice, not just to define it. A strong answer traces the sequence: voir dire, challenges for cause, then peremptory challenges as the discretionary step that can still be limited by constitutional rules. ## peremptory challenges vs challenges for cause These are often confused because both remove potential jurors, but they work differently. Challenges for cause require a specific legal reason and are decided by the judge, while peremptory challenges do not need an explanation. If a juror is openly biased or has a conflict, that is usually a challenge for cause. If the lawyer just wants the juror off the panel for strategic reasons, that is more likely a peremptory challenge. ## Key Takeaways - Peremptory challenges let lawyers remove a limited number of potential jurors without giving a reason. - They happen during jury selection after voir dire, when the parties have already questioned the jurors. - They are different from challenges for cause, which require a specific legal basis and judicial approval. - Peremptory challenges cannot be used in a discriminatory way, even though the lawyer does not have to explain each strike. - If a fact pattern includes jury selection strategy, this term usually points to who gets removed and why that matters. ## FAQs ### What is peremptory challenges in Criminal Law? Peremptory challenges are limited jury strikes that let attorneys remove potential jurors without stating a reason. In Criminal Law, they are part of jury selection and are used after voir dire, when lawyers have already questioned the panel. They are not unlimited, and they cannot be used for discriminatory exclusions. ### How are peremptory challenges different from challenges for cause? A challenge for cause needs a specific legal reason, such as bias, conflict of interest, or another problem that makes a juror unfit. A peremptory challenge does not require that explanation. If a question asks which one needs proof, the answer is challenges for cause. ### Can a lawyer use peremptory challenges to remove jurors for any reason? Not for any reason. The lawyer does not have to give a reason in court, but the strike still cannot be based on race, gender, or ethnicity. If the pattern of strikes looks discriminatory, the other side can object and ask the judge to review it. ### Where do peremptory challenges happen in a criminal trial? They happen during jury selection, after the questioning stage called voir dire. They are part of the process that shapes the final jury before opening statements and evidence begin. If you are tracing the order of trial events, this term belongs early in the trial. ## Related Study Guides - [9.4 Trial](/criminal-law/unit-9/trial/study-guide/4ip70zOarfB6nwd2) ## About This Document Canonical Fiveable pages are available as Markdown at the same path plus `.md`. - [llms.txt](https://fiveable.me/llms.txt): index of Fiveable's sections and URL patterns - [llms-full.txt](https://fiveable.me/llms-full.txt): complete subject and unit listing - [MCP server](https://fiveable.me/mcp): call Fiveable as tools instead of fetching pages (`https://fiveable.me/api/mcp`) - [MCP server for AP teachers](https://fiveable.me/mcp/teachers): a teacher's classes, assignments and AP-rubric grading (`https://fiveable.me/api/mcp/teacher`) ## Structured Data ```json {"@context":"https://schema.org","@graph":[{"@type":"LearningResource","@id":"https://fiveable.me/criminal-law/key-terms/peremptory-challenges#resource","name":"Peremptory Challenges | Criminal Law","url":"https://fiveable.me/criminal-law/key-terms/peremptory-challenges","learningResourceType":"Concept explainer","educationalLevel":"AP® / High School","about":{"@id":"https://fiveable.me/criminal-law/key-terms/peremptory-challenges#term"},"audience":{"@type":"EducationalAudience","educationalRole":"student"},"dateModified":"2026-07-03T02:21:04.265Z","isPartOf":{"@type":"Collection","name":"Criminal Law Key Terms","url":"https://fiveable.me/criminal-law/key-terms"},"author":{"@type":"Organization","@id":"https://fiveable.me/editorial#content-team","name":"Fiveable Content Team","url":"https://fiveable.me/editorial","parentOrganization":{"@id":"https://fiveable.me/#organization"},"member":[{"@type":"Person","name":"Amanda DoAmaral","sameAs":["https://www.linkedin.com/in/adoamaral"]},{"@type":"Person","name":"Becky Bahr","sameAs":["https://www.linkedin.com/in/becky-bahr-b52743132"]}]},"publisher":{"@type":"Organization","name":"Fiveable","url":"https://fiveable.me"}},{"@type":"DefinedTerm","@id":"https://fiveable.me/criminal-law/key-terms/peremptory-challenges#term","name":"peremptory challenges","description":"Peremptory challenges are limited jury strikes lawyers can use in Criminal Law without stating a reason. 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