questions: "Peremptory challenges
, by enabling each side to exclude
Moreover, the value of certain prophylactic rules, such as peremptory challenges
, might be suspect when deliberations are reviewable.
To preserve any error stemming from the denial of a challenge for cause to a prospective juror, counsel must exhaust all peremptory challenges
, request additional ones, and identify to the court the juror whom the party would have struck.
Canny lawyers in jury selection are watching your reactions--or have assistants doing so--and take that into account when making their peremptory challenges
Stearns doesn't permit it in his courtroom and says he hasn't detected a "wave of demand" for introducing the practice in federal court.<br />If members of the bar are intent on bringing attorney voir dire to federal court, Stearns suggests they consider giving up peremptory challenges
as part of the deal.<br />"I don't see the point of allowing attorneys to pursue a challenge for cause through voir dire and, if that doesn't succeed, then handing the attorney a peremptory challenge
," he says.<br />[divider]<br />"The federal court here has yet to acknowledge how important panel voir dire is."<br /> David P.
The central issue is the use of peremptory challenges
in jury selection.
The lawyers also have a certain number of what are called peremptory challenges
, by which they may exclude a person from the jury without giving a reason.
(9) Much like the enchanted rose in Beauty and the Beast, the modern legal system has placed peremptory challenges
in an airtight glass bell jar as if to preserve a dying flower.
, legal reformers say, can be used to skew a jury so that it is more likely to be sympathetic to an accused.
This may aid judges and attorneys during voir dire and might contribute to the current debate regarding which religion-based peremptory challenges
are subject to exclusion under a Batson extension.
(14) Though there is an imperative for an increased presence of minorities on juries, (15) black jurors who are eligible for the voir dire process are regularly turned away from service through the use of measures like prosecutorial discretion and peremptory challenges
. (16) With obvious juror racial bias against blacks and purposeful attempts to exclude blacks from jury service, there is an increasing need to enlarge the pool of citizens who are eligible for jury service.
Jurors next face peremptory challenges
by both parties.