Law Prof Who Studied Peremptories Suggests Three-Strike Limit
A law professor who has studied peremptory challenges says they should be eliminated entirely, or at least limited to three juror strikes per lawyer.
Peremptories allow lawyers to excuse jurors they believe to be biased without proving it. But they also can be used to mask unconstitutional reasons for eliminating jurors based on race, sex or ethnicity, the Wall Street Journal explains.
The newspaper notes a 2001 study by University of Iowa law professor David Baldus that found peremptory juror dismissals by both prosecutors and criminal defense lawyers often targeted minorities. Baldus would like to eliminate peremptories entirely, but he says that’s unrealistic.
“Will the sun shine at night? That is as likely as getting rid of peremptories,” he told the newspaper.
As a compromise, Baldus suggests a three-strike limit could reduce lawyers’ power to exclude jurors on the basis of race. Currently, states vary in the number of permitted peremptory challenges. A chart of select states published by the Wall Street Journal shows Ohio permits six peremptories in trials involving major felonies, while Connecticut allows 25.
The Wall Street Journal Law Blog also has a summary of the story.
