Peremptory challenge facts for kids
A peremptory challenge is a right during voir dire (the process of selecting a jury) to refuse a certain number of potential (possible) jurors without having to give a reason. The word "peremptory" means without a reason given; allowing no contradiction or refusal. Peremptory challenges may be made by either party (the defense or the prosecution) in the case. This kind of challenge has been more difficult to use because the Supreme Court of the United States has forbidden peremptory challenges (also called peremptory strikes) that can be shown to be based on gender or race. Different jurisdictions allow different numbers of peremptory challenges to each side. Some jurisdictions allow extra peremptory challenges. In United States federal courts, each side is allowed three peremptory challenges. If there are more than two parties involved in the case, the court may either allow extra challenges or decrease the number for everyone.
Peremptory vs. For Cause
To ensure an impartial jury, during voir dire, possible jurors are questioned by the lawyers and the court. Either lawyer may challenge (sometimes called strike, meaning "get rid of") a juror for cause. This means they would have to give a reason for getting rid of a juror. Reasons may include the possible juror's opinions on issues, their personal knowledge of the case, their occupation, or any reason to believe the juror may not be able to be fair. Unlike peremptory challenges, challenges for cause may not be limited to a certain number in most jurisdictions. The reason for either type of challenge is that each lawyer is trying to find jurors that they think will be best for their side. They look for people who are sympathetic to their case.
History
The peremptory challenge has its roots in Roman law. Both parties would suggest up to 100 possible jurors, then each could strike 50. This left a total of 100 jurors on the jury. In English Common Law, a prosecutor had an unlimited number of peremptory challenges while the defendant had 35. In 1305, the Parliament of England got rid of all peremptory challenges for the prosecution. Almost six hundred years later in 1988, Parliament eliminated all peremptory challenges for the defense. Peremptory challenges came to the United States with the colonists and Common Law. Peremptory challenges stayed the same until the late 20th century. In 1984, Batson v. Kentucky ruled that the United States would not allow discrimination based on race for juror selection. J.E.B. v. Alabama ex rel. T.B., in 1994, disallowed peremptory challenge based on a person's sex.
