Also known as: peremptory strike · peremptory challenges
Written by attorneys · grounded in primary & secondary sources — see below
A procedural mechanism allowing a party to remove a prospective juror without stating a reason or showing cause. The mechanism is subject to statutory limits on the number of strikes and to constitutional prohibitions on discriminatory use.
Pablo Perez, Daisy, Tara, and Ken faced joint federal charges punishable by more than one year in prison. The judge allotted the government six peremptory strikes and required the four defendants to exercise ten strikes jointly. The defendants removed two panel members they viewed as unsympathetic while the government used its strikes on others.
Pierre Poulin, a Black defendant, objected when the prosecutor struck every Black venire member. The court found a prima facie case of discrimination. The prosecutor offered a race-neutral explanation for each strike, and the judge determined whether purposeful discrimination had occurred.
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Phuong Pham sued Pinnacle Holdings in federal court for breach of contract. The judge permitted each side three peremptory strikes as required by statute. Pinnacle Holdings used its strikes to remove two panel members it believed could not fairly assess the technical evidence.
Preston Pratt, a male plaintiff, objected when the defense struck every female venire member in a state-court civil trial. The court held that the strikes violated equal protection because they rested solely on the jurors' sex. The defense was required to provide a gender-neutral explanation.
Peter Park sued Prosperity Investments in state court. During jury selection the defense used peremptory strikes to remove all Black venire members. The court treated the strikes as state action because jury selection occurs under judicial supervision and enforced the equal-protection prohibition on racial discrimination.
Philip Powell faced trial amid intense media coverage. The court used voir dire to identify exposed jurors. Both sides then exercised peremptory strikes to remove remaining panel members whose impartiality remained in doubt after questioning.
The government receives six strikes and the defendant or defendants jointly receive ten when the offense is punishable by more than one year of imprisonment. Multiple defendants must exercise their strikes jointly unless the court orders otherwise.
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The objecting party must first make a prima facie showing that the strikes were based on race or gender. The burden then shifts to the striking party to offer a race- or gender-neutral explanation. The court determines whether the explanation is pretextual and whether purposeful discrimination occurred.
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Yes. Jury selection is a traditional public function performed with significant court participation, so private parties exercise state action when they strike jurors. Racially discriminatory strikes therefore violate equal protection.
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No. The civil rules require the court to allow the number fixed by statute. A judge may not cut the allotment for reasons of case complexity, panel size, or scheduling convenience.
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…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…