Peremptory challenges allow each side to strike a limited number of prospective jurors without justification. They are exercised after challenges for cause are resolved.
Their use may not be based on race, ethnicity, or sex, and an opponent may raise a Batson challenge requiring a neutral explanation.
Alternative Names:
Peremptory Strike, Peremptory
Why it Matters?
Because the number is small, allocation is a genuine strategic problem: striking the obviously hostile juror is easy, while deciding among several moderately unfavorable ones is where trial consultants earn their fee. Batson practice also imposes discipline, since a strike pattern that correlates with a protected characteristic can be reversed and the juror seated, which is worse than not striking at all.
Frequently Confused with
Related terms
Frequently asked questions
How does a peremptory challenge differ from a challenge for cause?
What happens if a Batson challenge succeeds?
