How to use in-sentence of “peremptory”:
– In 1305, the Parliament of England eliminated all peremptory challenges for the prosecution.
– In Common lawEnglish common law, a prosecutor had an unlimited number of peremptory challenges while the defendant has 35.
– During “voir dire” the judge can dismiss jurors and both the prosecution and the defense have a limited number of peremptory challenges which they use to excuse any juror for any reason.
– In “Swain”, the Court had recognized that a “State’s purposeful or deliberate denial to Negroes on account of race of participation as jurors in the administration of justice violates the Equal Protection Clause”, but that the defendant had the burden of proving a systematic striking of black jurors throughout the county, that is, that the peremptory challenge system as a whole was being perverted.
– The term “Batson challenge” describes an objection to opposing counsel’s use of a peremptory challenge to exclude a juror from the jury pool based on criteria the courts have found disqualifying, as race was the sole rationale for exclusion in “Batson”.
– In some cases, parties have appealed a verdict or judgment and asked it be made invalid because one or more peremptory challenges excluded a recognizable group from the jury.
