Relevant bibliographies by topics / Peremptory Challenges

Academic literature on the topic 'Peremptory Challenges'

Author: Grafiati
Published: 10 December 2022
Last updated: 28 January 2023

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Journal articles on the topic "Peremptory Challenges"

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Schwartz, E. P., and W. F. Schwartz. "The Challenge of Peremptory Challenges." Journal of Law, Economics, and Organization 12, no. 2 (October 1, 1996): 325–60. http://dx.doi.org/10.1093/oxfordjournals.jleo.a023366.

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Flanagan, Francis X. "Peremptory Challenges and Jury Selection." Journal of Law and Economics 58, no. 2 (May 2015): 385–416. http://dx.doi.org/10.1086/684040.

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DeCamp, Whitney, and Elise DeCamp. "It’s Still about Race: Peremptory Challenge Use on Black Prospective Jurors." Journal of Research in Crime and Delinquency 57, no. 1 (September 6, 2019): 3–30. http://dx.doi.org/10.1177/0022427819873943.

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Objectives: The use of race as a motive for excluding individuals from serving on juries in American criminal trials is unconstitutional. Nevertheless, Black individuals remain substantially more likely than others to be removed during jury selection through peremptory challenges. This study tests whether and to what extent there is a racial effect on peremptory challenge use by the prosecution or the defense. Method: Using data from 2,542 venire members in Mississippi, propensity score matching is used to examine racial differences in jury selection by comparing Black venire members to similarly situated White venire member counterparts. Results: Findings suggest that Black venire members are 4.51 times as likely to be excluded from a jury due to peremptory challenges from the prosecution in comparison to White venire members. Conversely, White venire members are 4.21 times as likely to be excluded through peremptory challenges by the defense in comparison to Black venire members. Conclusions: After controlling for all observed variables, there remain significant differences between White and Black venire members, suggesting racial discrimination by both the prosecution and the defense in peremptory challenge usage. Black individuals are more likely to be excluded from juries through these effects, resulting in less racially diverse juries.
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Nesson, C. "Peremptory challenges: technology should kill them?" Law, Probability and Risk 3, no. 1 (March 1, 2004): 1–12. http://dx.doi.org/10.1093/lpr/3.1.1.

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Norton, Michael I., Samuel R. Sommers, and Sara Brauner. "Bias in jury selection: justifying prohibited peremptory challenges." Journal of Behavioral Decision Making 20, no. 5 (2007): 467–79. http://dx.doi.org/10.1002/bdm.571.

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Walston, Jeanette E. "Do Non-Discriminatory Peremptory Strikes Really Exist, or Is a Juror’s Right to Sit on a Jury Denied When the Court Allows the Use of Peremptory Strikes?" Texas Wesleyan Law Review 17, no. 3 (March 2011): 371–90. http://dx.doi.org/10.37419/twlr.v17.i3.5.

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This Comment explores the right of citizens to be part of the justice system by exercising their right to sit on a jury. A citizen's right to be empanelled, however, could directly affect a party's right to a fair and impartial trial. Thus, some safeguards, such as challenges for cause, must be kept in place. However, the use of peremptory strikes may be interfering far more with a citizen's right to sit on a jury than with a party's right to a fair and impartial trial. In Rivera v. Illinois, the Supreme Court reiterated that it is up to the states to determine the existence and exercise of peremptory challenges, although peremptory challenges themselves are not a constitutional guarantee with regards to an impartial jury and a fair trial. Although the Supreme Court has left this task to the states, the Court has held that a juror may not be stricken based on race, ethnicity, or gender. This Comment evaluates which states have extended the restriction to other categories such as religion and age and discusses the extent to which other categories should be included. Thus, as state law continues to broaden the equal protection of jurors under the Equal Protection Clause, the question must be asked: When is the exercise of a peremptory strike not purposeful discrimination against a potential juror?
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Hoffman, Morris B. "Peremptory Challenges Should Be Abolished: A Trial Judge's Perspective." University of Chicago Law Review 64, no. 3 (1997): 809. http://dx.doi.org/10.2307/1600312.

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Josephs, Mark L. "Fourteenth Amendment. Peremptory Challenges and the Equal Protection Clause." Journal of Criminal Law and Criminology (1973-) 82, no. 4 (1992): 1000. http://dx.doi.org/10.2307/1143714.

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Hinkle, Daniel M. "Peremptory Challenges Based on Religious Affiliation: Are They Constitutional?" Buffalo Criminal Law Review 9, no. 1 (April 1, 2005): 139–200. http://dx.doi.org/10.1525/nclr.2005.9.1.139.

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Dunnigan, E. Vaughn. "Discrimination by the Defense: Peremptory Challenges after Batson v. Kentucky." Columbia Law Review 88, no. 2 (March 1988): 355. http://dx.doi.org/10.2307/1122680.

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Dissertations / Theses on the topic "Peremptory Challenges"

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McKinnon, Laurie. "An Examination of the Judicial Peremptory Challenge| Variations between States and Considerations of Constitutionality." Thesis, University of Nevada, Reno, 2016. http://pqdtopen.proquest.com/#viewpdf?dispub=10126112.

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Seventeen states allow for a judicial peremptory challenge of a trial judge. Seven of these states require that a new judge be assigned to the case without any showing of bias, prejudice or impartiality. The remaining ten states require some showing, primarily through an affidavit or certification, which meets requirements set forth by the statute or rule. Distinctions between the various challenge procedures were examined. State jurisprudence addressing the competing constitutional principles of maintaining a litigant’s right to a fair and impartial tribunal and the presumption of a trial judge’s impartiality was examined within the context of the doctrine of separation of powers, improper delegation of judicial power, and analogies to the peremptory strike of a juror. Having found no constitutional infirmities, except perhaps under circumstances unique to the evolution of a state’s particular rule or statute, the decision of whether to remove by a peremptory challenge a presumptively impartial judge should be left to the policy branch of government—the legislature.

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Godwin, Mackenzie L. "Innocent Until Proven Guilty: An Examination of Jury Selection and Juror Bias." Kent State University Honors College / OhioLINK, 2019. http://rave.ohiolink.edu/etdc/view?acc_num=ksuhonors1557270952982948.

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Books on the topic "Peremptory Challenges"

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Batson v. Kentucky's impact on peremptory challenges in North Carolina courts. [Chapel Hill]: Institute of Government, University of North Carolina at Chapel Hill, 1992.

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Book chapters on the topic "Peremptory Challenges"

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"Juries: Peremptory Challenges." In Striking the Balance: Debating Criminal Justice and Law, 123–30. 2455 Teller Road, Thousand Oaks California 91320: SAGE Publications, Inc., 2018. http://dx.doi.org/10.4135/9781506367675.n15.

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"Chapter 11. Peremptory Challenges." In The American Jury System, 139–55. Yale University Press, 2017. http://dx.doi.org/10.12987/9780300129403-014.

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"Peremptory Challenges: A Barrier That Unnecessarily Limits Who Can Serve as Jurors." In The Power of the Jury, 76–112. Cambridge University Press, 2022. http://dx.doi.org/10.1017/9781108630009.004.

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"The Disparate Racial Impacts of Color-Blind Juror Eligibility Requirements." In A Guide to Civil Procedure, edited by Brooke Coleman, Suzette Malveaux, Portia Pedro, and Elizabeth Porter, 311–20. NYU Press, 2022. http://dx.doi.org/10.18574/nyu/9781479805938.003.0035.

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The right to trial by jury guaranteed by the Fifth and Sixth Amendments of the U.S. Constitution stands as a proud testament to the nation’s commitment to democracy. To that democratic end, juries are “drawn from a fair cross section of the community.” The Supreme Court has held that the requirement to empanel juries from a fair cross section of the community prohibits the systematic exclusion of African American and Latinx persons from jury service. The Court also has prohibited the use of peremptory challenges to remove prospective jurors on account of their race. Critical Race Theory posits that people of color have distinctive life experiences shaping a distinctive “voice.” Despite the express ban on the systematic exclusion of people of color from juries, restrictions on juror eligibility still disparately exclude voices of color from jury service. The uneven racial impacts of the U.S. citizenship and English-language requirements for and the disqualification of felons and persons with disabilities from jury service warrant reconsideration. Reform of the juror eligibility requirements could move juries toward more fully incorporating voices of color and better approximating the jury’s democratic ideal.
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DeGroot, Morris H. "THE USE OF PEREMPTORY CHALLENGES IN JURY SELECTION11This research was supported in part by the National Science Foundation unger grant DMS-8320618." In Contributions to the Theory and Application of Statistics, 243–71. Elsevier, 1987. http://dx.doi.org/10.1016/b978-0-12-279450-6.50020-8.

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Larson, Carlton F. W. "The Philadelphia Treason Trials, 1778–1779." In The Trials of Allegiance, 122–49. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190932749.003.0007.

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Philadelphia County witnessed the war’s most significant treason trials. The grand jurors who screened the proposed treason indictments were wealthy, prominent Philadelphians who had played significant roles in resistance activities, yet they indicted persons accused of treason at a lower rate than other grand juries did for other crimes. The chapter then introduces the trial jurors. Only 58 men filled 264 identifiable jury seats, and many of these served only once, leaving the other jurors to serve on multiple trials. By working backward from the jurors’ demographic characteristics, one can determine the strategies that defense counsel used in selecting jurors. Under eighteenth-century practice, defendants could peremptorily strike up to 35 jurors, whereas the prosecution could strike none. The chapter presents evidence suggesting that defense counsel used their challenges on the bases of religion, age, ethnicity, wealth, occupation, and political beliefs to shape juries that were more favorable to the defense.
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