The word "peremptory" surfaces whenever a trial, such as the latest one for Michael Jackson, attracts enough attention that even the jury selection process becomes newsworthy.
A "peremptory challenge" is one in which either the prosecuting or defense attorney objects to a juror without cause. By definition, a peremptory challenge is one for which no explanation must be given. Lawyers for each side are generally given a limited number of peremptory challenges, perhaps 10.
A lawyer is unlikely to convince a judge to excuse a juror unless the juror reveals some unacceptable bias or there is a clear conflict of interest. For example, a judge might excuse a doctor from sitting on the jury for a medical malpractice case. However, if a lawyer (or his/her jury consultant) doesn't think a potential juror will be sympathetic, the lawyer can use a peremptory challenge and the judge must excuse the juror. For example, a lawyer might try to stack the jury with people of a particular race or socioeconomic background by using preemptory challenges to eliminate jurors that might be less inclined to support his/her client's position.
The word "peremptory" means "leaving no opportunity for denial or refusal." Don't confuse it with "preemptory," which means to prevent something by acting first.
posted on Wed, 02 Mar 2005 at 11:32 | path: /words | perma link
