NCJ Number
130059
Journal
Criminal Law Bulletin Volume: 27 Issue: 3 Dated: (May/June 1991) Pages: 216-229
Date Published
1991
Length
14 pages
Annotation
The history of the peremptory challenge is examined, and cases in the U.S. Supreme Court and Maryland are analyzed.
Abstract
The U.S. Supreme Court's decision in Batson v. Kentucky, 476 U.S. 79 (1986) has left a "window of opportunity" for State legislatures and Congress to eliminate racial discrimination from the jury selection system. The most efficient way to accomplish this goal is to follow Justice Marshall's advice in Batson and completely eliminate peremptory challenges. The courts are now grappling with the limits and applications of Batson, and the continued use of peremptory challenges gives rise to confusing and conflicting results which can be prevented by eliminating the peremptory challenge. Recently, the Supreme Court has expanded its holding in Batson, concluding that a criminal defendant may object to race-based exclusions of jurors through peremptory challenges whether or not the defendant and the excluded jurors are of the same race. This decision also reinforces Justice Marshall's advice in Batson, that to eradicate discrimination in the jury selection system, the peremptory challenge should be eliminated. 79 notes (Author abstract modified)