Peremptory challenges should be abolished: a trial judge's perspective

Article Abstract:

Peremptory challenges should be eliminated, as their usage conflicts with the ideal of jury impartiality. Moreover, the conditions which led to the development of the peremptory challenge no longer obtain. The peremptory challenge was originally based on the idea of royal infallibility, which is now meaningless. The peremptory challenge implies distrust of jurors. It inappropriately focuses on the makeup of the jury as a group instead of on the impartiality of individual jurors and makes jury selection more adversarial than it should be. The costs of the peremptory challenge for the jury as an institution are therefore greater than any benefits.

Analysis, Discrimination in criminal justice administration, Criminal justice discrimination

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Fulfilling the promise of Batson: protecting jurors from the use of race-based peremptory challenges by defense counsel

Article Abstract:

The conflict in the federal courts over whether defendants whose own lawyers illegally make race-based peremptory challenges are to be granted new trials should be ended with a uniform rule disallowing new trials. The US Supreme Court in Georgia v. Mccollum extended its Equal Protection prohibition of Batson v. Kentucky against racial peremptory challenges to defense attorneys. Enforcement can be accomplished by a no new trial rule and the institution of a sua sponte power for judges to raise Batson challenges.

Laws, regulations and rules, Jury selection, Discrimination in justice administration, Justice discrimination

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