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

The Use of the Peremptory Challenge in the U.S. legal SystemOver 80 million Americans lively today generate been called to control board duty at some point in their lives (Henley 5). out(a) of these 80 million individuals, roughly 30% (or 24 million) have been eliminated from the jury selection process due to the use of positive take exceptions (5). According to cuttings Law Dictionary, a peremptory challenge is a challenge that need not be supported by any reason. Although these challenges are commonplace in todays courts, several Supreme judicature 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 tidy up progress.The History of Peremptory ChallengesWhat many American do not complete is that the concept of peremptory challenges has been around since the Roman era, but contr everywheresy over the topic in America did not come about until the twentieth century (Henley 1). Under Roman law, each litigant was allowed to select coulomb jurors and then strike as many as 50 the great unwashed 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 eternally 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. corrosives 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. 352 111 S. Ct. 1859, 114 L.Ed.2d 395 (1991).Jury Research Services. Ed. Jeffrey T. Frederick, Ph.D. YEAR. case LegalResearch Group. 14 January 2004National Constitution Center. Ed. Sara Hoffman. 2004. Third band Upholds Faith-Based Peremptory Challenge. 21 February 2004Public Law Research Institute. Ed. Patricia Henley. 1996. up(p) the Jury SystemPeremptory Challenges. University of California, Hastings College of Law. 11 January 2004