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NCJ Number: 158284 Find in a Library
Title: Peremptory Challenge: An Endangered Species?
Journal: Criminal Law Bulletin  Volume:31  Issue:5  Dated:(September-October 1995)  Pages:400-413
Author(s): H P Fahringer
Date Published: 1995
Page Count: 14
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: A serious threat to the integrity of the jury system is the movement to reduce or eliminate the number of challenges defendants have in criminal trials, including the peremptory challenge.
Abstract: In New York, for instance, a jury task force has recommended to the legislature that peremptory challenges be reduced in Class A felonies from 20 to 15, in Class B and C felonies from 15 to 10, and in Class D and E felonies from 10 to 7. If these proposals are adopted, other States are bound to follow. Although the issue of peremptory challenges has been the subject of debate and has attracted growing scholarly attention, it has gone largely unnoticed by the legal profession. Any proposal to reduce peremptory challenges in criminal cases has serious implications for the accused's right to an impartial jury trial. Prejudices that threaten the integrity of jury verdicts are discussed within the context of the peremptory challenge and the defendant's right to a fair jury trial. 50 footnotes
Main Term(s): Court procedures
Index Term(s): Criminal procedures; Felony; Jury decisionmaking; Jury selection challenges; New York; Peremptory challenges; Right to fair trial; Right to trial by jury; Rights of the accused; State laws; Trial procedures; Verdicts
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