peremptory challenge
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 335 U.S. 497 - Frazier v. United States · 1948Most cited · 821 citing opinions
The right of peremptory challenge is given, of course, to be exercised in the party's sole discretion... But the right is given in aid of the party's interest to secure a fair and impartial jury, not for creating ground to claim partiality which but for its exercise would not exist.
How often courts cite the cases defining “peremptory challenge”
Court decisions citing the 2 opinions that defined “peremptory challenge” — 995 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 2 definitions, chronological · 1827–1948
- ORIGINAL
The right of peremptory challenge is not of itself a right to select, but a right to reject jurors. It excludes from the panel those whom the prisoner objects to, until he has exhausted his challenges, and leaves the residue to be drawn for his trial according to the established order or usage of the Court... It enables the prisoner to say who shall not try him; but not to say who shall be the particular jurors to try him.
right to reject, not select