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Law Quadrangle (formerly Law Quad Notes)

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 insitution of peremptory challenges. In this article, Professor Richard Friedman contends that peremptories for criminal defendants serve important values of our criminal justice system. He then argues that peremptories for prosecutors are not as important, and that it may no longer be worthwhile to maintain them in a system of peremptories consistent with Batson. Friedman concludes that the asymmetry of allowing peremptories in a criminal case only for the accused is not troublesome.

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