New Jersey Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups
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FAQ
Independently, each side may exercise some limited number of peremptory strikes to excuse additional jurors without offering a reason. However, the U.S. Supreme Court has held that peremptory challenges cannot be used to systematically strike prospective jurors from the panel on the basis of race (Batson v.
No finding of purposeful discrimination or bias is required. Like GR 37, new Rule -3A provides that no finding of purposeful discrimination is necessary (for the court to uphold an objection to a peremptory). Consistent with the Court's holding in Andujar, the rule also provides that no finding of bias is necessary.
In Batson v. Kentucky, the U.S. Supreme Court held that the prosecution may not use peremptory strikes to exclude a potential juror based on race.
In 1986, the Supreme Court of the United States placed a limitation on that power through its decision that it is unconstitutional to use a peremptory challenge because of the individual's race (Batson v. Kentucky, 1986).
Substantively, parties exercising peremptory challenges are limited by a line of Supreme Court precedent, starting with Batson v. Kentucky, which precludes the use of certain types of discriminatory peremptory challenges. Amendment and the Due Process Clause of the Fourteenth Amendment.
In J.E.B. v. Alabama ex rel. T.B., the U.S. Supreme Court ruled that the Constitution prohibits gender-based peremptory challenges to prospective jurors.
1965Exclusion Of Jurors Based On Race Unconstitutional In Swain v. Alabama , the U.S. Supreme Court holds that prosecutors cannot use peremptory challenges to exclude jurors of a particular race (as it had ruled earlier about ethnic groups).
