murder case twice as many peremptory challenges
as are given to the
Moving on from those instances in which jurors are dismissed due to some articulable rationale, impartial juries are also constructed through litigants dismissing jurors indiscriminately via peremptory challenges
. (189) Peremptory challenges
allow the parties to strike jurors for nearly any reason whatsoever, and litigants need not provide any rationale for their decisions.
Then each side can eliminate from the jury pool a fixed number of people for any reason at all, as long as that reason is not some form of proscribed discrimination (this is a "peremptory challenge
If they are allowed to help their client by being discriminatory, through peremptory challenges
, they will do so.
are "[o]ne of a party's limited number of challenges that do not need to be supported by a reason..." (11) Peremptory challenges
are the quiet but calculated sibling of challenges for cause.
Why Religion-Based Peremptory Challenges
Withstand Constitutional Scrutiny, 32 STETSON L.
The Language and Culture (Not to Say Race) of Peremptory Challenges
, 35 WM.
While scholarship about peremptory challenges
is extensive, data about how parties exercise these challenges in trials is limited.
Here, the relevant statistical question is whether the number of black jurors excluded by the prosecutor in a given case is statistically significantly larger than the number of black jurors that we expect would be excluded if the prosecutor exercised her peremptory challenges
(13) Litigants, practically limited to basic identifying data, choose jurors informed by the rough proxies of race, ethnicity, or gender, resulting in the discriminatory use of peremptory challenges
. (14) Only those litigants with the financial means to investigate individual jurors can go beyond rough stereotypes to find out detailed personal information about potential jurors for their case.
The Supreme Court faced an important ideological choice when it banned the racial use of peremptory challenges
in Batson v.
Each side has 18 peremptory challenges
, which allows them to exclude a juror for any reason.