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reasons lawyers use peremptory challenges, and what has emerged is the
That is, the Sixth and Seventh Amendments are silent on how litigants may exercise their peremptory challenges in the empaneling of a petit jury.
At the very least, your speaking up will give the prosecution a reason to exercise a peremptory challenge against you.
Clearly this needs to be changed, but the panelists--the experienced jurists on the CBC show--resisted the obvious choice: eliminating peremptory challenges and replacing them with a simple random selection process based upon a representative sampling of the population.
This comment asserts that peremptory challenges and the Batson standard are shedding their "last petals" and are thus outdated and unnecessary in the modern legal system.
Martin, a defendant appealed a prosecuting attorney's use of a peremptory challenge based solely on the fact that the venireperson was a Jehovah's Witness and, thus, unable to judge others.
The judge denied the motion, stating that "the parties were entitled to use their peremptory challenges to 'strike anybody they want to.'" Id.
Every study of which we are aware found substantial racial disparities in both prosecutorial and defense use of peremptory challenges. (32) In a previous article, we presented evidence of racial disparities in jury selection in 173 North Carolina cases in which the defendant was sentenced to death.
Sch., Fair Punishment Project (2016) [hereinafter Deadliest Prosecutors] (identifying outlier prosecutors with respect to seeking capital convictions), http://fairpunishment.org/wp-content/uploads/2016/06/FPP-Top5Report FINAL.pdf; Ursula Noye, Blackstrikes: A Study of the Racially Disparate Use of Peremptory Challenges by the Caddo Parish District Attorney's Office, REPRIEVE., Aug.
Batson and its progeny also require a three-step procedure to evaluate the discriminatory use of peremptory challenges. First, the moving party must establish that a peremptory strike was based on purposeful discrimination.
The test would function as follows: If peremptory challenges skewed the diversity of suspect classifications on the jury, then a lawyer would need to justify his strikes with reference to specific and individualized concerns about each juror's impartiality.
HOW THIS INFORMATION CAN BE PUT TO USE: BETTER UTILIZED PEREMPTORY CHALLENGES