The Use of the Peremptory Challenge in the U.S. Legal System Essay

The Use of the Peremptory Challenge in the U.S. healthy SystemOver 80 million Americans awake(p) today have been called to board duty at some point in their lives (Henley 5). issue of these 80 million individuals, roughly 30% (or 24 million) have been eliminated from the jury selection process due to the use of autocratic take exceptions (5). According to grislys Law Dictionary, a peremptory challenge is a challenge that need not be supported by any reason. Although these challenges atomic number 18 commonplace in todays courts, several Supreme coquette cases have questioned the constitutionality of their place in the legal system. This paper will research the history of peremptory challenges, theories behind them, a few pertinent cases, and better progress.The History of Peremptory ChallengesWhat many American do not arrive at is that the concept of peremptory challenges has been around since the Roman era, but contr everyplacesy over the topic in America did not com e about until the 20th century (Henley 1). Under Roman law, each litigant was allowed to select atomic number 6 jurors and then strike as many as 50 citizenry from the jury pool (1). English Common law allowed the defendant 35 peremptory challenges, while the prosecution had an unlimited amount (1). This system was alive in England until 1305 when Parliament outlawed the prosecutions right to peremptory challenges (1). It took over 600 years for Parliament to do the same with the rights to challenges for defendants in 1988 (1). The American legal system, being based on British common law, has forever allowed for the use of peremptory challenges. One reasoning behind this fact is the American tradition of challenges (6). To be exact, the reason we continue to use peremptory challenges ... ...n A. swarthys Law Dictionary, 7th ed. St. Paul, Minnesota West Group,1990.Georgia v. McCollum, 505 U.S. 42 112 S. Ct. 2348, 120 L.Ed.2d 33 (1992).Hernandez v. New York, 500 U.S. 3 52 111 S. Ct. 1859, 114 L.Ed.2d 395 (1991).Jury Research Services. Ed. Jeffrey T. Frederick, Ph.D. YEAR. subject area LegalResearch Group. 14 January 2004National Constitution Center. Ed. Sara Hoffman. 2004. Third circle Upholds Faith-Based Peremptory Challenge. 21 February 2004Public Law Research Institute. Ed. Patricia Henley. 1996. improving the Jury SystemPeremptory Challenges. University of California, Hastings College of Law. 11 January 2004