Is peremptory challenge an important part of trial by jury procedures?

MultiRegion, United States of America

The following excerpt is from U.S. v. Annigoni, 96 F.3d 1132 (9th Cir. 1996):

We have acknowledged that that device [of peremptory challenge] occupies "an important position in our trial procedures," Batson, 476 U.S. at 98 [106 S.Ct. at 1724], and has indeed been considered "a necessary part of trial by jury," Swain v. Alabama, 380 U.S. at 219 [85 S.Ct. at 835]. Peremptory challenges, by enabling each side to exclude those jurors it believes will be most partial toward the other side, are a means of "eliminat[ing] extremes of partiality on both sides," ibid., thereby "assuring the selection of a qualified and unbiased jury," Batson, 476 U.S. at 91, 106 S.Ct. at 1720. (emphasized in original)

493 U.S. at 484, 110 S.Ct. at 809.

Other Questions


Is peremptory challenge an important aspect of trial by jury? (MultiRegion, United States of America)
What is the test for making a peremptory challenge at a jury trial? (MultiRegion, United States of America)
Does the trial judge erred in denying a post-trial motion for a new trial based upon alleged violations of sequestration order by members of the jury or marshals assigned to supervise the jury? (MultiRegion, United States of America)
What is the test for establishing that the failure of a state counsel to submit additional peremptory challenges affected the outcome of a jury trial? (MultiRegion, United States of America)
Is a motion for a continuance granted by the trial court on the date of trial on the basis that the trial judge abused his discretion to grant the motion? (MultiRegion, United States of America)
Can the failure of the trial court to inquire into the prosecutor's reasons for the peremptory exclusion of minority venirepersons from a trial without further proceedings? (MultiRegion, United States of America)
Does a prosecutor's performance at a sexual assault trial affect the outcome of the trial? (MultiRegion, United States of America)
What is the proper procedure for a defendant to ask for an adjournment of the trial of a defendant? ("New York", United States of America)
Does a challenge to section 5(a)(1) of the Civil Code of Civil Procedure succeed? (MultiRegion, United States of America)
Is there any case law where a defendant has argued that the delay in completing his trial prejudiced his trial? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.