Comment, Criminal Procedure - The Quintessential Exercise of the Peremptory Challenge: Denial of Peremptory Strike Possibly Violates Section One of the Kentucky Constitution
23 Pages Posted: 12 Jun 2008 Last revised: 31 Jul 2013
Date Written: 2007
Sex-based and race-based peremptory strikes violate the Equal Protection Clause. These restrictions have prompted some scholars and jurists to speculate about the peremptory strike's demise.
But what if a court requires the use of a peremptory strike to remove a suspected panel member because it erroneously denied a motion for cause?
This paper analyzes the text, history, precedent, and policy both favoring and against the protection of the peremptory under the Kentucky Constitution.
Keywords: state constitution, Kentucky, peremptory strike, motion for cause, jury, voir dire, New Judicial Federalism, legal history
JEL Classification: K14
Suggested Citation: Suggested Citation