KEY FEATURES • A brief introduction to the U.S. judicial system and to the public policy dimension of judicial decisions provides context for the material. • Criminal and regulatory laws are presented with contrasting views on various contemporary public policy issues, including assault weapons, hate crimes, stand your ground laws, police use of deadly force, and much more. • A question for debate and learning objectives appear at the beginning of each chapter. The debate format features contemporary topical issues that engage students and ask them to consider various points of view. • Brief essays introduce students to each debate and put the issue into context to help students understand how policy issues arise in criminal justice and law. • Summaries of the positions follow the debate sections to ensure students have a clear understanding of the contrasting arguments. • “You Decide” exercises and discussion questions appear at the end of each debate to give students the opportunity to apply what they read to new and novel situations.

Juries: Peremptory Challenges

3.2 juries: Peremptory challenges

Should Peremptory Challenges Be Used to Exclude Jurors Based on Race?

Learning Objectives

  • Know the process of jury selection.
  • Understand the difference between challenges based on cause and peremptory challenges.
  • State the requirements of Batson v. Kentucky for establishing that a peremptory challenge is based on a factor other than race.
  • Know the arguments for and against race-based peremptory challenges.

Oppose Excluding Jurors Based on Race

Justice Lewis Powell, majority opinion, Batson v. Kentucky, 476 U.S. 79 (1986)

Justice Thurgood Marshall, concurring, Batson v. Kentucky, 476 U.S. 79 (1986)

Support Excluding Jurors Based on Race

Justice William Rehnquist, dissenting, Batson v. Kentucky, 476 U.S. 79 (1986)

Chief Justice Warren Burger, dissenting, Batson v. Kentucky, 476 U.S. 79 (1986)


A jury panel at trial in a criminal case, with some exceptions, ...

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