Document Type
Article
Publication Date
1-1992
Abstract
The Supreme Court's decision in Batson v. Kentucky, and the extension of Batson to parties other than prosecutors, may be expected to put pressure on the institution of peremptory challenges. After a brief review of the history of peremptories, this article contends that peremptories for criminal defendants serve important values of our criminal justice system. It then argues that peremptories for prosecutors are not as important, and that it may no longer be worthwhile to maintain them in light of the administrative complexities inevitable in a system of peremptories consistent with Batson. The article concludes that the asymmetry of allowing peremptories for the accused but not for the prosecution is not troublesome.
Recommended Citation
Friedman, Richard D. "An Asymmetrical Approach to the Problem of Peremptories?" Crim. L. Bull. 28 (1992): 507-20.
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Criminal Procedure Commons, Law and Race Commons, Litigation Commons, Supreme Court of the United States Commons
Comments
Posted with the permission of Thomson Reuters.