peremptory

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peremptory

Law
a. admitting of no denial or contradiction; precluding debate
b. obligatory rather than permissive
References in periodicals archive ?
United States(38) that peremptories are not a fundamental right.
42 (1992) (barring race-based peremptories exercised by criminal defendants); see also Karen M.
McCollum,(153) which extended the prohibition against race-based peremptories to at least some defendants, will "only proliferate the number of Batson-like claims" and enormously increase the stress on an already overburdened judicial system.
Without the prospect of the challenge's imminent demise, however, the question remains: does the logic of Batson and the invidiousness of pretextual discrimination mean, as a policy matter, that peremptories should be abolished?
The position that race- or gender-based peremptories do not amount to reversible error began to emerge just two months after Batson was decided.
They certainly need not maintain this view in order to condemn race- and gender-based peremptories as illegal; they could easily maintain that an attorney acts rationally by making these sorts of challenges, but that values of antidiscrimination in the Constitution make this rational behavior illegal.
race-based peremptories also violate the equal protection rights
shouldn't peremptories be used in their current fashion?
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.
79 (1986) (overruling Swain only to the extent that its reasoning limited proof of discriminatory use of peremptories to establishing a pattern and practice of discrimination over time).
116) It did not address the question of defense peremptories in non-capital federal cases, or the question of whether the prosecution had any peremptory challenges in any kind of federal criminal case.
Kentucky,(12) some commentators proposed possible reforms of the use of peremptories,(13) while others advocated banning them entirely.