Peremptory Challenge

A district court may grant each side in a civil or criminal trial the right to exclude a certain number of prospective jurors without cause or giving a reason.

Additional Sources

Answers.com

Peremptory challenges are one of the most intriguing remaining bastions of “hunch stereotyping” remaining in the legal system. During voir dire, each attorney can dismiss a set number of jurors for almost any reason without having to show cause. Such jurors are then dismissed from service and sent home. Until 1986, peremptory challenges required no explanation and could be used for any reason in a particular case, and but for a very limited exception (a pattern of discrimination across a number of cases, and the burden of proof on the defense to establish this discrimation—see, Swain v. Alabama, 1965) attorneys were free to use their peremptories as they wished. Since 1986, however, two variables, and only these two, are forbidden fruits for justifying a peremptory challenge. In the landmark case Batson v. Kentucky (1986), the Supreme Court ruled that race could no longer be used by the prosecutor or the state as the reason for a peremptory challenge. Unlike Swain, a pattern of discrimination across a number of cases no longer had to be shown, and the burden of proof was now on the side exercising the peremptory challenges, and not on the side questioning the challenging of minorities. In subsequent cases, the Court extended the prohibition against using race in peremptory challenges to attorneys in civil cases (Edmonson v. Leesville Concrete Co., 1991), and to defense attorneys in criminal cases (Georgia v. McCollum, 1992). Finally, in 1994, the Court reached a similar conclusion about the unconstitutionality of using gender to peremptorarily challenge a juror (J.E.B. v. Alabama ex rel. T.B., 1994).

Law.com Dictionary

n. the right of the plaintiff and the defendant in a jury trial to have a juror dismissed before trial without stating a reason. This challenge is distinguished from a "challenge for cause" (reason) based on the potential juror admitting bias, acquaintanceship with one of the parties or their attorney, personal knowledge about the facts, or some other basis for believing he/she might not be impartial. The number of peremptory challenges for each side will differ based on state law, the number of parties to a case, and whether it is a civil or criminal trial. The usual phrasing used by lawyers exercising the challenge is "Juror number seven may be excused."

Lawyers.com

A challenge esp. of a prospective juror that does not require a stated cause or reason.

Lect Law Library

Limited number of challenges each side in a trial can use to eliminate potential jurors without stating a reason. May not be used to keep members of a particular race or sex off the jury. Most states also allow the parties to a case to dismiss the judge assigned to the case without having to prove actual bias. Called a peremptory challenge, this right may usually only be exercised once by a party in any given case.

The Free (Legal) Dictionary

The right to challenge a juror without assigning, or being required to assign, a reason for the challenge.

During the selection of a jury, both parties to the proceeding may challenge prospective jurors for a lack of impartiality, known as a challenge for cause. A party may challenge an unlimited number of prospective jurors for cause. Parties also may exercise a limited number of peremptory challenges. These challenges permit a party to remove a prospective juror without giving a reason for the removal.

Peremptory challenges provide a more impartial and better qualified jury. Peremptory challenges allow an attorney to reject a potential juror for real or imagined partiality that would be difficult to demonstrate under the challenge for cause category. These challenges, however, have become more difficult to exercise because the U.S. Supreme Court has forbidden peremptory strikes based on race or gender.

Parties do not have a federal constitutional right to exercise peremptory challenges. Peremptory challenges are granted by statute or by case law. The number of challenges is usually determined by statute, but some jurisdictions allow the trial court to grant additional peremptory challenges. In federal court each side is entitled to three peremptory challenges. If more than two parties are involved in the proceeding, the court may either grant additional challenges or restrict the parties to the minimum number of challenges.

Wikipedia

Peremptory challenge usually refers to a right in jury selection for the defense and prosecution to reject a certain number of potential jurors who appear to have an unfavorable bias without having to give any reason. Other potential jurors may be challenged for cause, i.e. by giving a reason why they might be unable to reach a fair verdict.

The idea behind peremptory challenges is that if both parties have contributed in the configuration of the jury, they will find its verdict more acceptable. The existence of peremptory challenges is an important safeguard in the judicial process as it allows both the defendant and the prosecution to get rid of potentially biased jurors. Their use allows attorneys to use their training and experience to dismiss jurors who might say the correct thing, but might otherwise harbor prejudices that could infringe the rights of the defendant to a fair trial.

The use of peremptory challenges is controversial as some feel it has been used to undermine the balanced representation on a jury which would occur using random selection. Despite this, it still remains in use in several jurisdictions and in some cases leads to extensive and expensive jury research, aimed at producing a favorable jury.