Peremptory Challenge

Peremptory Challenge

Peremptory Challenge

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 asked questions

How does a peremptory challenge differ from a challenge for cause?

How does a peremptory challenge differ from a challenge for cause?

Challenges for cause require showing the juror cannot be impartial and are unlimited. Peremptory strikes require no reason but are limited in number.

What happens if a Batson challenge succeeds?

What happens if a Batson challenge succeeds?

The court may seat the struck juror, reseat the panel, or in some jurisdictions declare a mistrial, depending on the stage and the finding.