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What are peremptory strikes and when would they 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.
What is a peremptory strike quizlet?
Peremptory Challenge. A lawyer uses this to strike a potential juror from a jury without giving any reason. Each lawyer has a limited number of these challenges.
What is an example of a 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.
When can peremptory challenge be used?
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. Kentucky, 476 U.S. 79 (1986).
How many peremptory strikes are there?
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.
What is peremptory law?
Law. that precludes or does not admit of debate, question, etc.: a peremptory edict. decisive or final. in which a command is absolute and unconditional: a peremptory writ.
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.
What is the only reason that lawyers Cannot use a peremptory challenge?
Prohibited Peremptory Challenges (Batson v. Kentucky, 476 U.S. 79 (1986).) The Court reasoned that challenging a juror based on his or her race, because the attorney believes the juror could not be impartial to a defendant of the same race, assumes that people of a certain race cannot be unbiased.
What is the process of peremptory challenges?
Peremptory challenges allow attorneys from both sides to excuse potential jurors without offering a reason why. This process is designed to seat the best jury for each case. The Supreme Court’s landmark Batson v. If a defendant succeeds on a Batson challenge, the defendant may get a new trial on appeal.
What are peremptory challenges and challenges for cause?
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.
Is a peremptory challenge a motion?
The challenge is usually made by a written motion to the court in the proper format with specific language and supported by a declaration made under penalty of perjury. An oral motion under oath is also allowed.
What does the word peremptorily mean?
1a : putting an end to or precluding a right of action, debate, or delay specifically : not providing an opportunity to show cause why one should not comply a peremptory mandamus. b : admitting of no contradiction. 2 : expressive of urgency or command a peremptory call.
How is a peremptory strike used in a challenge for cause?
Peremptory challenges allow an attorney to reject a potential juror for real or imagined partiality that would be difficult to demonstrate under the challenge for cause category. These challenges, however, have become more difficult to exercise because the U.S. Supreme Court has forbidden peremptory strikes based on race or gender.
How many peremptory strikes are allowed in federal court?
In federal court each side is entitled to three peremptory challenges. If more than two parties are involved in the proceeding, the court may either grant additional challenges or restrict the parties to the minimum number of challenges. Peremptory challenges came under legal attack in the 1980s.
What is the legal definition of a peremptory challenge?
Peremptory Challenge The right to challenge a juror without assigning, or being required to assign, a reason for the challenge.During the selection of a jury, both parties to the proceeding may challenge prospective jurors for a lack of impartiality, known as a challenge for cause.
Why did white prosecutors use the peremptory strike?
Critics claimed that white prosecutors used their peremptory challenges to remove African Americans from the jury when the criminal defendant was also African American because the prosecutors thought that the potential jurors would be sympathetic to a member of their own race.