Exact(59)
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.
Doing away with peremptory challenges would still allow lawyers to object to potential jurors for cause.
Justice Marshall's proposed remedy for the problem was eliminating all peremptory challenges.
Judge Hoffman's call for the abolition of peremptory challenges in jury selection bears consideration.
Perhaps the right course is to reduce the number of peremptory challenges to a small number.
The defense used one of its peremptory challenges, and Hunt did not serve.
The challenges yesterday, which lawyers call peremptory challenges, generally require no explanation.
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