Rose, The Peremptory Challenge
Accused of Race or Gender Discrimination?
The peremptory challenge
is not a constitutional right, (73) but rather is codified in federal statute (74) as well as in the laws of all fifty states.
Batson and its progeny also require a three-step procedure to evaluate the discriminatory use of peremptory challenges
7) Yet running alongside this doctrinal development is a current of despair: a growing body of judges, (8) as well as other commentators, (9) who declare that the doctrine has proved a miserable failure, and that, despite its deep historical roots, the peremptory challenge
must be abolished.
The Supreme Court faced an important ideological choice when it banned the racial use of peremptory challenges
in Batson v.
HOW THIS INFORMATION CAN BE PUT TO USE: BETTER UTILIZED PEREMPTORY CHALLENGES
13) Once the objecting party establishes its prima facie case, the party seeking to exercise the peremptory challenge
or challenges "may rebut the inference [of discriminatory intent] by articulating legitimate, [class] neutral reasons for its exercise of its peremptory strikes.
Because peremptory challenges
were not exclusively under the control of prosecutors, but were also a tactical tool used by counsel for the accused, defense counsel's exclusion of some minority jurors essentially clouded the evidence and prevented the Court from concluding that exclusion of blacks from petit jury service could be exclusively attributed to state actors.
allow challenges for cause and peremptory challenges
(26)--but we cannot
1996) (In addition to empanelling impartial members, voir dire "is used by counsel as a means of developing a rapport with members, indoctrinating them to the facts and the law, and determining how to exercise peremptory challenges
and challenges for cause.
This Note demonstrates that Snyder is part of a historical pattern of Supreme Court decisions concerning the use of peremptory challenges
in which the Court has moved away from permitting the unfettered use of the peremptory challenge
in favor of stronger Equal Protection considerations.
Each side has 18 peremptory challenges
, which allows them to exclude a juror for any reason.