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Peremptory challenge. n. the right of the plaintiff and the defendant in a jury trial to have a juror dismissed before trial without stating a reason.
However, in recent years, peremptory challenges have been viewed as controversial as reinforcing social prejudice, which was recognized in the Supreme Court case of Batson v. Kentucky in 1986. Despite relatively recent controversy, peremptory challenges were created in an attempt to root out bias.
Peremptory challenge. allows any party to remove a prospective juror from the jury panel without giving a reason. challenge for cause. ability to exclude a prospective trial juror if bias or prejudice is indicated.
For example, if the potential juror has a family member who was a victim of a similar crime, the defense attorney may use a peremptory challenge to exclude them from the jury.
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 solely on that group characteristic has been ruled to be unconstitutional in Batson v. Kentucky, 476 U.S. 79 (1986).