Judicial Substitution - An Examination of Judicial Peremptory Challenges in the States

• NCJ Number: 101943
• Author(s): L C Berkson; S Dorfmann
• Date Published: 1986
• Length: 479 pages
• Grant Number(s): 5C-X-OLP-0011
• Sponsoring Agency: US Dept of Justice
• Corporate Author: Koba Associates, Inc
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Format: Document
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

This 1985-1986 study assesses how judicial peremptory challenges are functioning in the States and how they might operate if applied to the Federal judiciary.

Abstract

Results are presented from a study of 15 of the 16 jurisdictions using judicial peremptory challenges, with attention to the number of challenges and perceptions of the practice's consequences. The study found that judicial peremptory challenges are infrequently used and generally for good cause, such as when a judge is clearly lacking in professional competence. Overall, the criminal justice professionals who responded in the study were positive about provision for peremptory challenges. The report also explores how peremptory challenges might impact the Federal judiciary should they be adopted by Congress. Federal disqualification procedures are reviewed, followed by arguments for and against instituting the practice in Federal courts. Recent proposals for peremptory challenges at the Federal level are assessed. The study concludes that although judicial peremptory challenges could create problems for Federal courts, a carefully crafted plan could be effective. Recommendations for the plan are provided. Data, a bibliography, and study materials appended.