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 ?
Peremptory challenges, also known as peremptory strikes, enable
Still at issue is whether criminal defendants can obtain habeas corpus relief when they are denied peremptory strikes by a trial court's misapplication of Batson and its progeny.
Although the loss of peremptory strikes won't completely level the playing field, it would hobble jury consultants, which is the first step toward restoring sanity to the jury system.
218) In many ways, this would not be dissimilar to the peremptory strike system used now--both the "flower child" and the police officer's brother likely would be mutually struck, leaving fewer strongly partisan jurors on the panel in favor of more seemingly neutral ones.
On appeal from his conviction, DeJesus alleged that "'Batson extends to peremptory strikes based on religious affiliation and that the government impermissibly struck [the two jurors] on the basis of their Christian affiliation.
Peremptory strikes are presumed to be exercised in a nondiscriminatory manner, (22) and throughout the inquiry, the burden of persuasion never leaves the opponent of the strike.
Missouri,(67) plaintiffs have asserted that states are guilty of discrimination against women jurors in violation of the Equal Protection Clause when they refuse to pay for child care, particularly for sequestered jurors, but those claims are a step removed from the subject of the peremptory strike and so far have been unavailing.
78) The Court understood the Fifth Circuit to have granted the writ of habeas corpus by applying a categorical rule that a prosecutor's demeanor-based explanation for a peremptory strike must be rejected if the trial judge did not personally observe or could not recall the juror's demeanor.
Lopez,(32) the state supreme court upheld the trial judge's finding that the prosecutor's peremptory strike based on a "gut feeling" about a particular juror of Portuguese descent was race-neutral.
He saw enough of a correlation between a juror's television and radio preferences and her likely viewpoint on drug enforcement to make the peremptory strike worthwhile.
The court recognized that the statute permitting peremptory challenges does not require a party to explain the peremptory strike.
Although my primary targets in this Essay are the peremptory strike and the "for cause" challenge (both are structurally tied to disproportionate voting rules), juror excuse is no less a danger to democratic decision-making.