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Peremptory |
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peremptory adj. absolute, final and not entitled to delay or reconsideration. The term is applied to writs, juror challenges or a date set for hearing. PEREMPTORY. Absolute; positive. A final determination to act without hope of renewing or altering. Joined to a substantive, this word is frequently used in law; as peremptory action; F. N. B. 35, 38, 104, 108; peremptory nonsuit; Id. 5, 11; peremptory exception; Bract. lib. 4, c. 20; peremptory undertaking; 3 Chit. Pract. 112, 793; peremptory challenge of jurors, which is the right to challenge without assigning any cause. Inst. 4, 13, 9 Code, 7, 50, 2; Id. 8, 36, 8; Dig. 5, 1, 70 et 73. |
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As a prosecutor, I always felt that, after both sides used their peremptories, I ended up with a jury that looked a lot like the one that walked in in the first place. So although abolishing peremptories isn't a silver bullet, it's nonetheless a powerful bullet to equalize talent and force trials to be conducted on the merits. Courthouse observers understand that defense lawyers tend to use their peremptories to remove jurors who are small-businessmen, relatives of policemen, and those who otherwise exhibit excessive law-abidingness. |
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