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In a criminal trial, the prosecution and defence are each allowed eight peremptory challenges, with additional challenges if reserve jurors are to be selected (Section 42). The court must inform the defendant that they may challenge the selection of a juror before the person is sworn in as a juror (Section 39).
Except as provided in subdivision (b), in a trial for any other offense, the defendant is entitled to 10 and the state to 10 peremptory challenges.
By statute, Oklahoma provides nine peremptory challenges to both parties in capital trials. Okla.
Each side shall be entitled to four peremptory challenges, and if there is more than one party to a side they must join in such challenges.
Each side shall be entitled to eight peremptory challenges. If there are several parties on a side, the court shall divide the challenges among them as nearly equally as possible.
These challenges, however, have become more difficult to exercise because the U.S. Supreme Court has forbidden peremptory strikes based on race or gender. Parties do not have a federal constitutional right to exercise peremptory challenges. Peremptory challenges are granted by statute or by case law.
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 government has 6 peremptory challenges and the defendant or defendants jointly have 10 peremptory challenges when the defendant is charged with a crime punishable by imprisonment of more than one year.
(Powell, J.): In a 72 decision, the Court held that, while a defendant is not entitled to have a jury completely or partially composed of people of his own race, the state is not permitted to use its peremptory challenges to automatically exclude potential members of the jury because of their race.
B. peremptory - Each side in a case has a certain number of challenges that can be used without giving a reason. These are called "peremptory" challenges. Each side may ask the judge to excuse particular jurors. If a juror is excused, this does not imply something bad and does not mean the juror is not competent.