peremptory

(redirected from Peremptories)
Also found in: Dictionary, Thesaurus, Legal.

peremptory

Law
a. admitting of no denial or contradiction; precluding debate
b. obligatory rather than permissive
References in periodicals archive ?
The practice [of exercising prosecutorial peremptory challenges] is being abused--the prosecutor frequently uses its peremptories to eliminate entire ethnic groups--and it is time to consider some remedial measures," including "tak[ing] away all peremptory challenges from the prosecution.
The Batson test functions as follows: first, one side may challenge the other side's use of peremptories to strike a particular race or gender; (124) second, the challenged party must then give a race--or gender-neutral reason for the strike; (125) and third, the judge must decide whether that reason is pretextual, a fancy word for lying.
Supreme Court ultimately explained that even if a "principal reason for peremptories .
47) It is as a result "hard to see why" (48) comparative analysis is apparently acceptable in assessing prosecutorial decisions about using peremptories to strike prospective jurors but apparently unacceptable in assessing prosecutors' decisions about charging defendants with capital offenses and seeking the penalty of death.
State(28) also held Batson inapplicable to religion-based peremptories but did so primarily on the theory that discrimination on the basis of religion has a reasonableness and legitimacy with regard to peremptory challenges that discrimination on the basis of race lacks.
Kentucky,(12) some commentators proposed possible reforms of the use of peremptories,(13) while others advocated banning them entirely.
Second, some argue that peremptories allow counsel to probe jurors with incisive questions during the selection process to unearth "cause" to remove particular jurors.
So although abolishing peremptories isn't a silver bullet, it's nonetheless a powerful bullet to equalize talent and force trials to be conducted on the merits.
Instead of addressing whether lawyers exercising peremptories could permissibly guess that race or gender might predict belief, the Court reasoned that lawyers cannot constitutionally presume that race or gender will necessarily determine belief.
186) The end result is that it is "highly unlikely that many attorneys will cite race in justifying peremptories, even if they are aware of its influence.
17, 2008) (reviewing a habeas petition arguing that the trial judge wrongfully denied defense peremptories through misapplication of Batson); Long v.
He takes up where Justice Thurgood Marshall left off in Batson, arguing that "the only way to 'end the racial discrimination that peremptories inject into the jury selection process .