APEREMPTORY CHALLENGE permits a party to remove a prospective juror without giving a reason for the removal. This type of challenge has had a long history in U.S. law and has been viewed as a way to ensure an impartial jury. However, use of the peremptory challenge changed as a result of the U.S. Supreme Court decision in Batson v. Kentucky, 476 U.S. 79, 106 S. Ct. 1712, 90 L. Ed. 2d 69 (1986), and its progeny, and the changes have led some lawyers and legal commentators to call for its ABOLITION. They argue that these Court decisions have deprived lawyers of their absolute discretion in using the challenges and have turned peremptory challenges into challenges for cause. Defenders of the peremptory challenge believe that the new race, gender, and religious affiliation requirements initiated by Batson simply ensure that jurors will not be excluded on the basis of stereotypes.
