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 ?
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.
Several commentators echo these findings in their assertions that the most glaring policing failures have occurred in response to prosecutorial peremptory strikes.
179) This information is more detailed, and thus able to offer insight into producing more accurate and effective peremptory strikes.
35) The Court held that the denial of the peremptory strike itself did not constitute structural error because it did not necessarily render the trial "fundamentally unfair or an unreliable vehicle for determining guilt or innocence.
The state judge demanded a "plausible reason that is nonracial, non-gender, nonreligious, non-body language," for every peremptory strike used during jury selection.
279) Because the court affirmed the trial court's "finding that the government's strikes were based on the jurors' heightened religious involvement rather than their religious affiliation, [it did not] reach the issue of whether a peremptory strike based solely on religious affiliations would be unconstitutional.
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.
The jury consultant's actual power is made possible by a lawyer's right to excuse a limited number of potential jurors without explanation--what is called a peremptory strike.
whether a peremptory strike is subject to the Batson analysis in the
Applied to the case of juror extraversion, a norm of balancing criminal procedure in favor of defendants could justify the procedural discretion that enabled the peremptory strike described in the hypothetical.
To preserve error in connection with jury selection, a litigant must challenge the subject juror for cause, exhaust all peremptory strikes, and then request an additional peremptory strike.