Does a juror have a constitutional right to peremptory challenge?

California, United States of America


The following excerpt is from People v. Evans, 2d Crim. No. B278399 (Cal. App. 2017):

"Although [juror] challenges for cause are constitutionally guaranteed, the right to peremptory challenges is statutory. [Citation.]" (People v. Black (2014) 58 Cal.4th 912, 916.) "'[P]eremptory challenges are not of constitutional dimension,' but are merely 'a means to achieve the end of an impartial jury.' [Citation.] Mere loss of a peremptory challenge does not automatically constitute a violation of the federal constitutional right to a fair trial and impartial jury. [Citation.] If no biased or legally incompetent juror served on defendant's jury, the judgment against him does not suffer from a federal constitutional infirmity." (Id. at pp. 916-917.)

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