Purpose, legal benefits & drawbacks of removal of jurors without cause. Examines the constitutionality of this arrangement, major court decisions, and its use by defense & prosecutor.
Written in 1997; 1,350 words; 6 sources; $ 47.95
From the Paper:
" Preserving the Peremptory Challenge
The peremptory challenge derives its significance from the common law and is considered an essential element of a trial by an impartial jury. Although the Constitution does not guarantee the right to the peremptory challenge, it has been termed "one of the most important of the rights secured to the accused. Historically, it has allowed defendants to eliminate prospective jurors whom they suspect to be biased against them. Blackstone wrote that the challenge has two traditional purposes. First, it allows defendants to remove any jurors they intuitively dislike, thus insuring they have "a good opinion of the jury, the want of which might totally disconcert him." Second, it permits the exclusion of jurors whom defendants may have alienated through voir dire."
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