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Asymmetrical Approach to the Problem of Peremptories?

NCJ Number
139643
Journal
Criminal Law Bulletin Volume: 28 Issue: 6 Dated: (November-December 1992) Pages: 507- 520
Author(s)
R D Friedman
Date Published
1992
Length
14 pages
Annotation
The U.S. Supreme Court's decision in Batson v. Kentucky and the extension of Batson to parties other than prosecutors may place pressure on the institution of peremptory challenges.
Abstract
In 1986, in Batson v. Kentucky, the Supreme Court held that the Constitution forbids a criminal prosecutor to exercise peremptory challenges to potential jurors in a racially discriminatory manner. A historical review suggests that, although peremptories are now provided to both sides in civil and criminal litigation, they exist primarily for the benefit of criminal defendants. Peremptories have not been as firmly established for prosecutors as for criminal defendants because the crucial function of increasing the accused's perception of fairness is not served by prosecutor peremptories. The author contends that peremptories for criminal defendants serve an important role in the criminal justice system. He also maintains that because peremptories for prosecutors are not as important, it may no longer be worthwhile to maintain them in light of administrative complexities inevitable in a system of peremptories consistent with Batson. He concludes that the asymmetry of allowing peremptories for the accused, but not for the prosecution, is not particularly troublesome. 49 footnotes

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