Peremptory Juror Challenges
The Batson Test for Unconstitutional Discrimination
While the U.S. Constitution does not specifically confer any right to peremptory challenges, peremptory challenges have been traditionally viewed as one means of assuring the selection of a qualified and unbiased jury. The right to exercise a peremptory challenge is a substantial right, not just a procedural one, and denial or impairment of that right constitutes reversible error without proof of prejudice. The exercise of peremptory challenges may not be made for discriminatory purposes, to exclude “any substantial and identifiable class of citizens from the privilege and obligations of jury service.” — State v. Arizona Superior Court (AZ 1988). This…
