An attorney might utilize peremptory challenges for various reasons, including:
1. To remove a potential juror based on race: This reason is no longer permissible as it goes against the principles of fairness, equality, and non-discrimination. However, historically, attorneys have used peremptory challenges to remove potential jurors based on their race, which is now considered unconstitutional and a violation of equal protection rights.
2. To remove a potential juror who exhibits prejudice or bias: Attorneys may use peremptory challenges to strike potential jurors who show clear signs of bias or prejudice that could impact their ability to be impartial during the trial. An unbiased and neutral jury is essential for ensuring a fair trial.
3. To remove a potential juror based on gender: While gender-based peremptory challenges have been used in the past, they are generally not allowed as they violate the principle of equal protection under the law. Gender should not be a factor in determining a juror's suitability for a trial.
4. To remove a potential juror based on their residence in their community: Attorneys might exercise peremptory challenges to exclude potential jurors who they believe have strong ties or biases within their community that could potentially impact their ability to be impartial. The reasoning behind this strategy is to ensure a fair and unbiased jury. However, this reason is somewhat controversial and subject to judicial scrutiny to prevent discriminatory jury selection practices.
Why might an attorney utilize peremptory challenges?
To remove a potential juror based on race
To remove a potential juror who exhibits prejudice or bias
To remove a potential juror based on gender
To remove a potential juror based on their residence in their community
1 answer