Virgin Islands Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups
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FAQ
Bench trial - Trial without a jury in which a judge decides the facts. In a jury trial, the jury decides the facts.
Peremptory - Each side in a case has a certain number of challenges that can be used without giving a reason.
When selecting a jury, both parties may remove potential jurors using an unlimited number of challenges for cause (e.g., stated reasons such as bias) and a limited number of peremptory challenges (i.e., do not need to state a reason).
Consider the United States Supreme Court's landmark Batson v. Kentucky decision. The African American defendant, James Batson, was charged with burglary and receiving stolen goods. During jury selection, the prosecution used its peremptory challenges to remove all African Americans from the jury.
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. See Batson challenge.
Peremptory challenges took root in England during the thirteenth century, when the Crown had unlimited discretion to challenge jurors and, in response, ?courts began to permit defendants to exercise some peremptories in capital cases.? Hon.
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).
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.