| Peremptory Challenge |
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Information AboutPeremptory Challenge |
| CATEGORIES ABOUT PEREMPTORY CHALLENGE | |
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Its use is controversial, as it has been used to undermine the balanced representation on a jury which would occur using random selection. It was first used in England , but in the 20th Century its use was restricted and then abolished as being unfair. It remains in use in several other juristictions, and in some cases leads to extensive and expensive jury research, aimed at producing a favorable jury. All jurisdictions in the United States have some form of peremptory challenges. In the United States, the use of peremptory challenges by criminal prosecutors to remove persons from a Cognizable Group (i.e., of one race, ethnicity, or gender) based on that group characteristic has been ruled to be Unconstitutional in '' Batson V. Kentucky '', . "Batson challenge" is a term now used to refer to the act of arguing for the invalidity of a trial on the basis that peremptory challenges during jury selection resulted in the exclusion of a cognizable group. ''Batson'''s authority has also recently been reinforced in a pair of (2005). Another form of the peremptory challenge (or peremptory disqualification), available in some jurisdictions, is the right to remove a Judge assigned to hear the case without showing that the judge is actually biased or had a Conflict Of Interest . While actual determination of a judge's bias is not required to employ the peremptory challenge, the moving party must still allege bias under oath. In jurisdictions that have this form of peremptory challenge, it generally may only be used once per party per case. (see, Cal. Civ. Proc. Code ยง170.6) |
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