NCJ Number
45476
Date Published
1976
Length
13 pages
Annotation
ARGUMENTS FOR REDUCING THE NUMBER OF PEREMPTORY CHALLENGES ALLOWABLE IN CAPITAL FELONY TRIALS IN PENNSYLVANIA FROM 20 PER SIDE TO 10 PER SIDE ARE PRESENTED.
Abstract
THE FUNCTION OF PEREMPTORY CHALLENGES IS TO AID IN THE SELECTION OF AN UNBIASED JURY BY AFFORDING BOTH PROSECUTION AND DEFENSE THE RIGHT TO REJECT JURORS WHO SEEM UNSUITED FOR SERVICE. HOWEVER, THERE IS A TENDENCY TO USE PEREMPTORIES TO SELECT A JURY THAT SEEMS FAVORABLY DISPOSED TO ONE'S SIDE. THE COMBINATION OF A LARGE NUMBER OF PEREMPTORY CHALLENGES AND SOPHISTICATED TECHNIQUES OF JURY SELECTION MAY AFFORD THE PROSECUTION AN ADVANTAGE OVER THE DEFENSE. SAVINGS IN BOTH MONEY AND COURT TIME WOULD BE REALIZED BY REDUCING THE NUMBER OF AVAILABLE CHALLENGES AS PROPOSED. ANALYSIS OF STATE STATUTES AND RULES REGULATING PEREMPTORIES SHOWS THAT THE AVERAGE TOTAL NUMBER OF PEREMPTORY CHALLENGES ALLOWED IN CAPITAL CASES IS 24. THE NUMBER OF PEREMPTORY CHALLENGES ACTUALLY EXERCISED IN SUCH CASES RANGES FROM A LOW OF 8 IN WEST VIRGINIA TO A HIGH OF 52 IN CALIFORNIA. A STATE-BY-STATE SUMMARY OF PEREMPTORY CHALLENGE ALLOWANCES IS INCLUDED. (LKM)