peremptory challenge

(redirected from Peremptory strike)
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peremptory challenge

A challenge to remove a juror from a prospective jury without cause.
See also: challenge
References in periodicals archive ?
"Defendants made a prima facie showing that the Government's second peremptory strike was exercised on the basis of race by identifying Prospective Juror 122 as an Ethiopian woman of color, and stating that there had been a pattern of discrimination by the Government, which used its first two peremptory strikes on people of color.
Therefore, every question should be focused specifically on rooting out those jurors to set up a for-cause challenge, or to identify those on whom you may want to use your limited peremptory strikes.
Far more common are challenges exercised by oral motion during voir dire to individual prospective jurors for cause or challenges to peremptory strikes. To preserve any error stemming from the denial of a challenge for cause to a prospective juror, counsel must exhaust all peremptory challenges, request additional ones, and identify to the court the juror whom the party would have struck.
They are handled on a case-by-case basis through the use of voir dire, the judge removing them for cause, or a prosecutor using a peremptory strike. (95) If other potentially biased citizens are allowed to go through the jury selection process and be screened out, former felons should be treated similarly.
Despite the Supreme Court's efforts in Batson to curb racial bias in the use of peremptory strikes, stark racial disparities persist.
(121) However, many times the decision to exercise a peremptory strike based on observational data (like the race or gender of a juror) results from the unavailability of other information.
(endorsing prosecutorial justification for a peremptory strike).
(179) This information is more detailed, and thus able to offer insight into producing more accurate and effective peremptory strikes. (180) Based on the assumption that lawyers want to win, and therefore want the most favorable jury possible, scientific jury selection has the potential of eradicating race and gender discrimination against potential jurors.
CASE FACTS: The defendants in this medical malpractice case sought review of two rulings concerning admission of evidence, a ruling denying a peremptory strike during jury selection, and an order allowing attorneys' fees based upon unaccepted proposals for settlement.
The Third Circuit found no need to address whether a peremptory strike based on religions affiliation would be unconstitutional because the strikes at issue were properly based on religious activities.
(246) Crucial to this determination is the "persuasiveness of the prosecutor's justification for his peremptory strike. At this stage, implausible or fantastic justifications may (and probably will) be found to be pretexts for purposeful discrimination." (247) The Court determined that the issue came down to "whether the trial court finds the prosecutor's race-neutral explanations to be credible.
In this note, I will not trace the history of the peremptory strike or the Supreme Court's road to J.E.B.; nor will I analyze the Court's reasoning in the decision.