In California, a peremptory challenge to a juror allows either party in a civil or criminal case to reject a potential juror without stating a reason. Here are the key points regarding peremptory challenges to jurors in California:
- Number of Challenges: Each side typically has a limited number of peremptory challenges they can use to exclude potential jurors. The number varies depending on the type of case (civil or criminal).
- Basis for Challenge: Unlike challenges for cause, which require a specific reason (such as bias or inability to be impartial), peremptory challenges do not require any explanation or justification. However, peremptory challenges cannot be used based on race, ethnicity, gender, religion, or other protected characteristics.
- Procedure: During jury selection, if an attorney wishes to exercise a peremptory challenge, they simply state that they are exercising a peremptory challenge against a particular juror.
Overall, peremptory challenges in California serve as a tool for attorneys to shape the jury panel according to their trial strategy, within the bounds of non-discriminatory practices established by law.