Peremptory challenge facts for kids

A peremptory challenge is a special right used during jury selection. It allows lawyers to remove a certain number of possible jurors without needing to explain why. The word "peremptory" means you don't have to give a reason. Both sides in a court case – the defense (who represents the person accused) and the prosecution (who represents the government) – can use these challenges.

However, there are rules. The Supreme Court of the United States has said that peremptory challenges cannot be used to remove jurors because of their gender or race. Different places have different rules about how many peremptory challenges each side gets. For example, in United States federal courts, each side usually gets three. If there are more than two groups involved in a case, the court might change the number of challenges.

What is a Peremptory Challenge?

A peremptory challenge is a way for lawyers to remove a potential juror from the group that might decide a case. It's like saying, "No, thank you" to a juror without having to explain why you don't want them. This is different from other ways of removing jurors, as we'll see next.

Peremptory vs. For Cause Challenges

When a jury is being chosen, lawyers and the court ask questions to possible jurors. This process is called voir dire. The goal is to pick a fair and unbiased jury.

What is a Challenge For Cause?

Lawyers can also remove a juror using a "challenge for cause." This means they must give a reason. For example, a juror might be removed if they:

• Have strong opinions about the case.
• Already know about the case.
• Have a job that makes them unable to be fair.
• Show any other reason why they might not be fair.

Unlike peremptory challenges, there's usually no limit to how many "for cause" challenges a lawyer can make. If there's a good reason, the juror can be removed.

Why Use Both Types of Challenges?

Both types of challenges help lawyers try to find jurors they believe will be best for their side. They look for people who might understand or agree with their arguments.

How Peremptory Challenges Started

The idea of peremptory challenges is very old. It started in Roman law. Back then, both sides could suggest many possible jurors. Then, they could each remove a large number of them.

Peremptory Challenges in England

In old English Common Law, the prosecution used to have an unlimited number of peremptory challenges. The defense could remove 35 jurors without a reason. But over time, things changed:

• In 1305, the Parliament of England stopped the prosecution from using peremptory challenges.
• Much later, in 1988, Parliament also removed this right for the defense. So, in England today, there are no peremptory challenges.

Peremptory Challenges in the United States

When the colonists came to the United States, they brought the idea of peremptory challenges with them from English law. These challenges stayed mostly the same for a long time.

However, in the late 20th century, important changes happened:

• In 1984, a court case called Batson v. Kentucky made it clear that lawyers could not use peremptory challenges to remove jurors because of their race.
• Then, in 1994, another case called J.E.B. v. Alabama ex rel. T.B. said that lawyers also could not use these challenges to remove jurors because of their gender.

These rules help make sure that juries are chosen fairly and that everyone has an equal chance to serve.