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The other side has the opportunity to offer a nondiscriminatory reason for the challenge. Following the closing arguments in a trial, jurors deliberate in private to arrive at a verdict, which is then reported to the court by the jury foreman or forewoman.

The reason does not have to rise to the level of a "for-cause" challenge. Defendants in federal jury trials have the right to a unanimous verdict. Minnesota Supreme Court Task Force on Racial Bias in the Judicial System: Final Report.

They also point out that other characteristics of jurors are not bound by the Batson line of cases. Along with other complaints—on issues ranging from efficiency to fairness—the decisions provided advocates of jury reform with further ammunition for their efforts to change fundamentally, and even to eliminate, juries. Grand juries are so named because they are usually larger than petit juries, having from 12 to 23 members. Supreme Court held that the number 12 was not an essential element of trial by jury (Williams v. When jurors fail to reach an agreement, the judge may issue an instruction known as an Allen charge, in which the judge tells the jurors to continue deliberating and to listen carefully to each other and to be deferential toward each other's views. Kentucky to Gender and Beyond: The Death Knell for the Peremptory Challenge?

A peremptory challenge based on a juror's religion, age, income, occupation, or political affiliation cannot be questioned as long as it is not a pretext for concealing race or gender bias. In 1999, the Supreme Court of Connecticut ruled that prospective jurors could not be dismissed solely on account of their religious beliefs, except when those beliefs would keep them from performing their duties on the jury (State v. Traditionally, petit juries have had 23 members, but the number is not fixed. Continued failure to arrive at a verdict results in a hung jury, which necessitates a new trial with a different jury.

Therefore, argue supporters, the peremptory challenge is still a valuable tool in trial proceedings. In criminal trials in most jurisdictions, the jury's job ends with the delivery of a verdict of guilt or innocence on every count pertaining to the case, and the judge determines sentencing.

Those who argue for the abolition of the peremptory challenge come from two camps. Generally, most communities use voter-registration lists to choose prospective jurors, who are then summoned to appear for jury duty. In civil cases, juries generally determine the amount of a damages award.

Not until the fourteenth century did jurors cease to be witnesses and begin to assume their modern role as triers of fact.

This role was well established in British common law when settlers brought the tradition to America, and after the United States declared its independence, all state constitutions guaranteed the right of jury trial in criminal cases. They saw the jury as not only a benefit to the accused, but also as a check on the judiciary, much as Congress exists as a check on the Executive Branch.

As a result of Batson, a peremptory challenge can be questioned by the opposite side if that side believes that it was based solely on race or gender. The judge explains the relevant points of law, which the jury is bound to accept and to apply. Simpson for the murder of his estranged second wife and a friend of hers, for example, Judge Lance Ito issued daily orders to jurors not to discuss the case with anyone. Some potential jurors are challenged (peremptory challenge) because the attorney for one side or the other feels there is some hidden bias.

The reasoning behind this change is that striking jurors on the basis of race or gender perpetuates stereotypes that were prejudicial and that were based on historical discrimination. The judge directs the jury to disregard inadmissible testimony and provides guidelines on the way to behave outside of court. Some instructions vary across jurisdictions and according to judges, such as whether jurors will be allowed to take notes during the trial; generally, they may not. In well-financed cases this has led to the hiring of jury "specialists" and psychologists by attorneys to aid in jury selection. A jury ought not to be troubled by labors and expenses. Judges deeide questions of law, jurors, questions of fact. A body of men selected according to law, for the purpose of deciding some controversy. This mode of trial by jury was adopted soon after the conquest of England, by William, and was fully established for the trial of civil suits in the reign of Henry II.

The group that believes that the changes following Batson were a mistake argues that the whole point of the peremptory challenge is that it is made totally within the discretion of the lawyer. Their goal is to eliminate jurors who may be biased against their side, while choosing the jurors who are most likely to be sympathetic.

A trial lawyer may have a gut feeling about a juror, a feeling that is difficult to articulate to a judge and does not rise to a for-cause strike. Attorneys for each side are allowed to reject potential jurors in two ways.

It merely has to be a reasonable concern that can be articulated. This is not true in state jury trials, where the size of the jury determines whether unanimity is required: A 12-member jury may convict without unanimity, whereas a six-member jury may not.

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