key term - Peremptory Challenges

Definition

Peremptory challenges are a legal procedure in which attorneys in a trial can dismiss a certain number of potential jurors without having to provide a reason. This allows the attorneys to shape the jury composition to their advantage, within certain limits.

5 Must Know Facts For Your Next Test

1. Peremptory challenges are limited in number, typically between 3-20 per side, depending on the jurisdiction and the type of case.
2. Attorneys are not required to provide a reason for using a peremptory challenge, unlike challenges for cause which must be justified.
3. The use of peremptory challenges has been the subject of controversy, as they can be used to exclude jurors based on race, gender, or other protected characteristics.
4. The Supreme Court has placed some restrictions on the use of peremptory challenges, such as the Batson v. Kentucky ruling, which prohibits the use of peremptory challenges to exclude jurors based on race.
5. Peremptory challenges are an important tool for attorneys to shape the jury, but their use must be balanced against the goal of ensuring a fair and impartial jury.

Review Questions

• Explain the purpose and function of peremptory challenges in the jury selection process.
  • Peremptory challenges allow attorneys to dismiss a certain number of potential jurors without having to provide a reason. This gives them the ability to shape the composition of the jury to their advantage, within the limits set by the court. The goal is to ensure that the final jury is more favorable to their client's case, while still maintaining an overall fair and impartial jury selection process.
• Describe the differences between peremptory challenges and challenges for cause in the jury selection process.
  • The key difference between peremptory challenges and challenges for cause is the reason for dismissing a potential juror. With challenges for cause, the attorney must provide a specific reason, such as bias or inability to be impartial, that would prevent the juror from serving. In contrast, peremptory challenges allow attorneys to dismiss a juror without having to justify their decision. This gives attorneys more flexibility in shaping the jury, but it has also led to concerns about potential discrimination in the use of peremptory challenges.
• Analyze the impact of the Supreme Court's Batson v. Kentucky ruling on the use of peremptory challenges.
  • The Batson v. Kentucky ruling placed important restrictions on the use of peremptory challenges, prohibiting attorneys from using them to exclude jurors based on race. This was a significant development, as it aimed to address concerns about the potential for discrimination in the jury selection process. The ruling has had a lasting impact, requiring attorneys to provide race-neutral reasons for using peremptory challenges, and has been expanded to include other protected characteristics, such as gender. The Batson decision highlights the ongoing tension between the need for attorneys to shape the jury and the goal of ensuring a fair and impartial trial.

Related terms

Voir Dire:

The process of questioning and screening potential jurors to determine their suitability to serve on a jury.

Challenges for Cause: A request by an attorney to dismiss a potential juror due to a specific reason that would prevent the juror from being impartial.

Jury Selection: The process of choosing the final members of a jury from a pool of potential jurors.