Improving the Jury System: Peremptory Challenges

One of the most controversial stages in the jury selection process is the lawyers' exercise of peremptory challenges. Peremptory challenges allow a party to remove a prospective juror from the jury panel without giving any reasons. The United States Supreme Court has held that the purpose of the peremptory challenge is "to assure the parties that the jurors before whom they try the case will decide on the basis of the evidence placed before them, and not otherwise." [1] It is often argued, however, and acknowledged by trial lawyers, that lawyers do not use peremptory challenges to achieve an impartial jury. Rather, their goal is to select jurors who will be favorable to their side of the case.