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It follows, Justice Ginsburg wrote, that "if a defendant is tried before a qualified jury composed of individuals not challengeable for cause, the loss of a peremptory challenge due to a state court's good-faith error is not a matter of federal constitutional concern".
The legal term is "peremptory challenge".
The only safeguard is the peremptory challenge.
(The defense used a peremptory challenge to strike the juror).
In 1986, the peremptory challenge was itself challenged, in a case called Batson v. Kentucky.
Lawyers in court are in a position to sense such bias, and address it with a peremptory challenge.
Similar(33)
Why do race-based peremptory challenges persist?
Each side is allotted a total of 20 peremptory challenges.
In his Batson concurrence, Justice Marshall argued that only banning peremptory challenges would solve the problem.
"That goal can be accomplished only by eliminating peremptory challenges entirely".
That decision recognized an exception to the general rule that peremptory challenges are completely discretionary.
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CEO of Professional Science Editing for Scientists @ prosciediting.com