peremptory challenge


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Related to peremptory challenge: challenge for cause

peremp′tory chal′lenge


n.
Law.
a formal objection to a prospective juror that does not require a cause to be shown.
[1520–30]
References in periodicals archive ?
Parties may dismiss potential jurors with a peremptory challenge for any reason or no reason at all, except race or gender.
22) The Equal Protection Clause, however, constrains the use of the peremptory challenge.
Compounding the issue, there exists the problem of discrimination in the peremptory challenge stage.
Meanwhile, contrary judicial voices demand the abolition of the peremptory challenge.
O'Connell, The Elimination of Racism from Jury Selection: Challenging the Peremptory Challenge, 32 B.
PROTECTING DIVERSITY WITHOUT LOSING FOCUS ON IMPARTIALITY: IN DEFENSE OF THE PEREMPTORY CHALLENGE A.
174) Although the ability to challenge jurors is a right of exclusion and not selection, the peremptory challenge historically existed to protect a defendant's view that he was indeed receiving a fair trial.
148 (2009), the Court held that "the mistaken denial of a state-provided peremptory challenge does not, at least in the circumstances we confront here," constitute either a constitutional violation or a structural error automatically requiring reversal.
This could include on the appellate level a peremptory challenge of one judge.
20) Batson permits the party opposing the use of a peremptory challenge to object and establish a prima facie claim by showing that the strike was used to remove a prospective juror who is a member of a cognizable racial or ethnic group.
peremptory challenge, there is inadequate evidence for an appellate
400, 405 (1955) with emphasis added) ("The accused should be allowed considerable latitude in examining members so as to be in a position to intelligently and wisely exercise a challenge for cause or a peremptory challenge.