Which of the following is a peremptory challenge quizlet?

A peremptory challenge is made to a juror without assigning any reason.

What is an example of a peremptory challenge?

Dretke case, the Supreme Court ruled that a defendant may use statistical analysis to prove that the prosecution used peremptory challenges to exclude jurors based on race. For example, Juror 22 and Juror 42 answer the same questions and give the same answers during jury selection. They both are Army veterans.

Which of the following is true of peremptory challenges?

Which is true of peremptory challenges during jury selection? … They can be used to excuse jurors for no particular reason. They can be used to excuse jurors for no particular reason.

Why are there peremptory challenges?

A peremptory challenge also allows attorneys to veto a potential juror on a “hunch”. … The existence of peremptory challenges is argued to be an important safeguard in the judicial process, allowing both the defendant and the prosecution to get rid of potentially biased jurors.

What is peremptory challenge Philippines?

First, a peremptory challenge is afforded to an accused who, whether rightly or wrongly, honestly feels that the member of the court peremptorily challenged by him cannot sit in judgment over him, impartially.

How many peremptory challenges are there in California?

eight peremptory challenges
Each side shall be entitled to eight peremptory challenges. If there are several parties on a side, the court shall divide the challenges among them as nearly equally as possible.

What is a peremptory challenge and why is it an important right?

Peremptory challenges allow the accused to reject potential jurors who they perceive to be implicitly or explicitly biased, particularly with respect to the accused’s race, and to try to keep jurors who share the same background as the accused through the exclusion of other jurors.

What is a cause challenge?

A challenge that aims to disqualify a potential juror for some stated reason. Typical reasons include bias, prejudice, or prior knowledge that would prevent impartial evaluation of the evidence presented in court. ACADEMIC TOPICS.

How many peremptory challenges does an attorney have?

In California, for most cases the number of peremptory challenges available to each lawyer is ten so long as there is one defendant. For death penalty or life imprisonment cases where a single defendant is involved, each attorney is permitted 20 peremptory challenges.

What is a peremptory challenge in Canada?

The changes in question abolished the long-standing practice of allowing the Crown (prosecution) and the accused to exclude a certain number of potential jurors without having to explain why. The rejection of a juror in this way was called a “peremptory challenge”.

What does peremptory mean?

Definition of peremptory

1a : putting an end to or precluding a right of action, debate, or delay specifically : not providing an opportunity to show cause why one should not comply a peremptory mandamus. b : admitting of no contradiction. 2 : expressive of urgency or command a peremptory call.

Are peremptory challenges constitutional?

Parties also may exercise a limited number of peremptory challenges. These challenges permit a party to remove a prospective juror without giving a reason for the removal. … Parties do not have a federal constitutional right to exercise peremptory challenges. Peremptory challenges are granted by statute or by case law.

What is challenge for cause Canada?

Under section 638(1)(b), a party may challenge a juror “for cause”, alleging that the juror may not be indifferent. … The purpose of challenge for cause is to screen out potential biases in juries. The fundamental issue on challenges for cause is whether the accused can receive a fair trial pursuant to s.

When were peremptory challenges removed in Canada?

In September 2019, Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts S.C. 2019, c. 25 [Bill C-75], was passed, which abolished peremptory challenges and substituted lay triers with judges for challenges of cause.

What are the benefits of peremptory challenges of potential jurors?

Peremptory challenges enable litigants to remove otherwise qualified prospective jurors from the jury panel without any showing of cause, and accordingly, are often exercised on the basis of race.

What factors would you consider to be discriminatory in relation to peremptory challenges in jury selection?

Existing law prohibits a party from using a peremptory challenge to remove a prospective juror on the basis of an assumption that the prospective juror is biased merely because of the relationship, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical …

How many challenges for cause does each side get in a trial?

Each side has 20 peremptory challenges when the government seeks the death penalty.

What does it mean when a prospective juror is challenged for a cause?

A challenge for cause alleges some reason such as the prospective juror’s occupation, opinion on certain issues or personal knowledge of the case which might be unfair for he or she to form part of the jury and asking the judge to excuse the prospective juror from service in the particular trial.

How do I file a peremptory challenge in California?

The basis for a CCP §170.6 challenge affidavit to be filed with the Court is that the party or attorney believes that (1) the challenged judge is prejudiced against such party or attorney or his or her interest, and (2) that the party or attorney cannot have a fair and impartial trial before that judge.

What characteristics Cannot be used as the basis for a peremptory challenge?

(a) A party shall not use a peremptory challenge to remove a prospective juror on the basis of the prospective juror’s race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation, or the perceived membership of the prospective juror in any of those groups.

What is the difference between how challenges for cause and peremptory challenges are used in the jury selection process?

Challenges for cause differ from peremptory challenges, which may be used by either side to remove prospective jurors for any reason. While there’s no real limit to the amount of challenges for cause that may be used, the attorney must state a specific reason as to why the challenged juror can’t be fair.