peremptory challenge

(redirected from Peremptory challenges)
Also found in: Dictionary, Legal.
Related to Peremptory challenges: voir dire, Jury trial, Appellate courts

peremptory challenge

A challenge to remove a juror from a prospective jury without cause.
See also: challenge
References in periodicals archive ?
While scholarship about peremptory challenges is extensive, data about how parties exercise these challenges in trials is limited.
12) As long as parties' race- and gender-based peremptory challenges can "cancel each other out," (13) the argument goes, those challenges will not produce significant demographic disparities.
Batson and its progeny also require a three-step procedure to evaluate the discriminatory use of peremptory challenges.
11) Third, that the harms caused by peremptory challenges are severe.
The test would function as follows: If peremptory challenges skewed the diversity of suspect classifications on the jury, then a lawyer would need to justify his strikes with reference to specific and individualized concerns about each juror's impartiality.
HOW THIS INFORMATION CAN BE PUT TO USE: BETTER UTILIZED PEREMPTORY CHALLENGES
First, the party objecting to the use of one or more peremptory challenges on Batson grounds "must establish a prima facie case to raise the inference of discriminatory intent.
Lawyers for the state and for the 24-year-old hotel clerk began using their peremptory challenges of prospective jurors Wednesday, but used only four of the 24 such challenges available to them.
Because peremptory challenges were not exclusively under the control of prosecutors, but were also a tactical tool used by counsel for the accused, defense counsel's exclusion of some minority jurors essentially clouded the evidence and prevented the Court from concluding that exclusion of blacks from petit jury service could be exclusively attributed to state actors.
allow challenges for cause and peremptory challenges (26)--but we cannot
There is not the same scrutiny of prospective jurors, or elaborate questioning of them prior to the trial with the right of peremptory challenges and exclusions.
7) Voir dire is a necessary extension of an accused's Fifth Amendment due process right to exercise informed challenges for cause and peremptory challenges of members in order to ensure an impartial panel and a fair trial.