Puerto Rico Motion for Additional Peremptory Challenges
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FAQ
A peremptory challenge can be a major part of voir dire. A peremptory challenge also allows attorneys to veto a potential juror on a "hunch". The idea behind peremptory challenges is that if both parties have contributed in the configuration of the jury, they will find its verdict more acceptable.
See Local Rule 83.9(b) (?All litigants proceeding pro se shall be bound by and comply with all local rules of this Court, and the Federal Rules of Civil and Criminal Procedure, unless otherwise excused from operation of the rules by court order.?); Loren v. Sasser, 309 F. 3d 1296, 1304 (11th Cir.
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. Kentucky, 1986) or gender (J.E.B.
?Equal justice under law requires a criminal trial free of racial discrimination in the jury selection process.? 19 Invidious discrimination in the use of peremptory challenges on the basis of race or gender offends the Equal Protection Clause with respect to both the defendant and the juror, harms the community ...
A peremptory challenge results in the exclusion of a potential juror without the need for any reason or explanation - unless the opposing party presents a prima facie argument that this challenge was used to discriminate on the basis of race, ethnicity, or sex.
The United States Court of Appeals for the First Circuit hears appeals from the United States District Courts for the Districts of Maine, Massachusetts, New Hampshire, Puerto Rico and Rhode Island.
