Define: Perempt

Perempt refers to the act of challenging or striking out a potential juror without providing any reason or justification.

No, peremptory challenges cannot be used to discriminate against potential jurors based on their race, gender, or any other protected characteristic. This would violate the principle of equal protection under the law.

The number of peremptory challenges allowed varies depending on the jurisdiction and the type of case. Generally, both the prosecution and defence are given a specific number of peremptory challenges to use during jury selection.

Yes, peremptory challenges can be used to remove a juror for any reason, as long as it is not based on a protected characteristic. Attorneys often use peremptory challenges to remove potential jurors they believe may be biased or unfavorable to their case.

Yes, a peremptory challenge can be challenged or objected to if there is reason to believe that it was used in a discriminatory manner. This is known as a Batson challenge, named after the Supreme Court case Batson v. Kentucky.

If a Batson challenge is successful, the court may require the attorney who used the peremptory challenge to provide a race-neutral reason for the removal of the juror. If the reason is deemed valid, the challenge will be upheld. If the reason is deemed discriminatory, the juror may be reinstated.

While peremptory challenges are generally allowed, some jurisdictions have imposed limitations on their use. For example, some courts may limit the number of peremptory challenges available to each side or require attorneys to provide a valid reason for their challenge.

Yes, peremptory challenges can be used in both criminal and civil cases. The purpose of peremptory challenges is to ensure a fair and impartial jury, regardless of the type of case.

In most cases, a judge cannot overrule a peremptory challenge unless there is evidence of discrimination or a violation of the defendant’s constitutional rights. The judge’s role is generally limited to ensuring that the peremptory challenges are not used in a discriminatory manner.

While peremptory challenges can be used to remove potential jurors based on various factors, including occupation or education level, it is important to note that using such factors in a discriminatory manner may be subject to a Batson challenge. Attorneys should exercise caution and ensure that their challenges are not based on protected characteristics.