Also known as: peremptory challenges · peremptory strike
Written by attorneys · grounded in primary & secondary sources — see below
A procedural mechanism allowing a party to excuse a prospective juror without stating a reason or showing cause. The mechanism is limited by equal protection principles that bar strikes based solely on race or gender. In federal court the total number available to each side is fixed by statute or rule.
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Perry Pratt faces federal bank-robbery charges punishable by more than one year in prison. During voir dire the government uses its sixth peremptory challenge to remove a prospective juror while the defense still holds four unused strikes. The court allows both sides to continue exercising their allotted challenges until the statutory totals are reached.
Phuong Pham, a Black defendant, notices the prosecutor has struck every remaining Black venire member. Pham makes a prima facie showing of racial motivation. The prosecutor offers a race-neutral explanation and the trial court determines whether purposeful discrimination has been proved.
Paula Pierce sues Peak Performance in federal court for breach of contract. The judge announces each side will receive the number of peremptory challenges required by statute. Pierce objects when the court proposes to reduce that number for scheduling reasons.
Preston Pratt, a male plaintiff, objects when defense counsel strikes all remaining male venire members solely because of their sex. The court applies equal-protection scrutiny to determine whether the strikes rest on gender alone.
Pilar Pena sues Platinum Partners in federal court. Defense counsel uses peremptory challenges to remove all Black venire members. Pena objects that the private defendant’s strikes constitute state action subject to equal-protection limits.
Paige Porter is convicted after the prosecutor exercised several peremptory challenges. A juror later reveals that racial animus influenced deliberations. The court considers whether the earlier strikes and the new evidence together require further inquiry into the fairness of jury selection.
In a federal case punishable by more than one year in prison the government receives six peremptory challenges and the defendant or defendants jointly receive ten. The court may grant additional challenges when multiple defendants are tried together.
The objecting party must first establish a prima facie case of racial discrimination. The burden then shifts to the striking party to offer a race-neutral explanation. The trial court decides whether purposeful discrimination has been proved.
…During jury selection at his trial, the judge conducted voir dire and excused certain jurors for cause. The prosecutor then used peremptory challenges to strike all four black persons on the venire, and a jury composed only of white persons was selected. Defense counsel moved to discharge the jury before it was sworn on the ground that…
…a realization of the myriad of opportunities for racial considerations to influence criminal proceedings: in the exercise of peremptory challenges, Batson v. Kentucky, supra ; in the selection of the grand jury, Vasquez v. Hillery , 474 U. S. 254 (1986); in the selection of the petit jury, Whitus v. Georgia , 385 U. S. 545 (1967);…
…racial discrimination in the selection of jurors. See Strauder v. West Virginia , 100 U. S. 303. It prohibits the use of peremptory challenges to exclude jurors on the basis of race. See Batson v. Kentucky , 476 U. S. 79. It prohibits a prosecutor from making racially biased arguments to the jury. See McCleskey v. Kemp , 481 U.…
…do not eliminate the similarly situated showing for selective-prosecution claims because their contexts differ: Batson concerns peremptory challenges
…a defendant may establish a prima facie Batson violation by relying on all relevant circumstances, including the fact that peremptory challenges
No. The civil rules require the court to allow the number of peremptory challenges provided by statute. Time-management concerns do not authorize a reduction below that statutory floor.
Yes. The Equal Protection Clause forbids strikes based solely on a juror’s sex. The prohibition applies to both prosecutors and private litigants participating in state-run jury selection.
Yes. Jury selection is a traditional public function conducted with significant court participation. Private parties therefore may not use peremptory challenges in a racially discriminatory manner.