Which of the following is NOT an acceptable use of a peremptory challenge by the prosecutor?

Question

Group of answer choices

To eliminate people who are not sympathetic to the prosecutor’s arguments

To dismiss a prospective juror who has an existing bias towards one of parties in the case

To dismiss all of the minorities because they might favor the defendant

To dismiss a person with a busy social calendar who might be distracted during the trial.

Answer 1

A peremptory challenge allows a lawyer to remove a potential juror without the need to provide a reason. However, these challenges cannot be used in a discriminatory manner based on race, gender, or other protected characteristics.

The option that is NOT an acceptable use of a peremptory challenge by the prosecutor is:

To dismiss all of the minorities because they might favor the defendant.

This option is considered discriminatory, and the U.S. Supreme Court has ruled that such use of peremptory challenges violates the Equal Protection Clause. The other options, while they may vary in appropriateness depending on the context and specific reasons provided, do not explicitly mention discrimination against a protected class.