Peremptory Challenge

Description

Evidence suggesting the prosecutors use their peremptory challenges to preserve all-white juries in cases involving African-American or Hispanic defendants has led some commentators to call for the elimination of the peremptory challenge.

Part 1 (40pts):

a) What do you think is the strongest argument in favor of eliminating the peremptory challenge?
b) In favor of retaining it?

Part 2 (60pts):

Suppose you have recently been appointed as the district attorney for a jurisdiction that has been accused of using peremptory challenges in a discriminatory manner. This pattern has led to multiple convictions being overturned, and you are tasked with reforming the use of peremptory challenges in your district to ensure they are used in a racially neutral way. What kind of reforms do you propose and what effects do you predict they will have? Keep in mind, it is only within your power to regulate the behavior of the prosecution, not the defense.

Explanation & Answer:

500 words

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