Juror: Peremptory Challenges

The criminal justice system consists of models and theories that often contradict one another. Of these models are the crime control model, the due process, model, the consensus model and the conflict model. In this paper these models are evaluated and defined, as well as each entity in the criminal justice systems role within each model. Policing, corrections and the court system all subscribe to each model in some way and in a hurried manner in cases that dictate such a response. As described by Erik Luna in the Models of Criminal Procedure, the following statement summarizes the aforementioned most appropriately.

Within the criminal justice system discuss the effectiveness of legal and non-legal measures in achieving justice.

When thinking of a jury, there is a belief that everyone is fair when it comes to making the decision of whether the person being accused of the crime is guilty or not guilty because of the person’s race. What if this belief is not necessarily correct? There have been many instances in whether race has been a factor when the jury makes a decision. According to Baskin, Goldstein, and Sommers (2014), there has been enough evidence to show that racial biases influences the decisions of a jury. In this paper, the articles will show how jury decision-making is influenced by the offender’s race.

“The harm from discriminatory jury selection extends beyond that inflicted on the defendant and the excluded juror to touch the entire community. Selection procedures that purposefully exclude black persons from juries undermine public confidence in the fairness of our system of justice. Discrimination within the judicial system is most pernicious because it is ‘a stimulant to the race prejudice which is an impediment to securing to [black citizens] that equal justice, which the law aims to secure to all others.’” (72 A.B.A.J. 68, July, 1986) With the Court’s ruling new standards were set that required the defendant to show: --That they are members of a cognizable racial group and that the prosecutor has exercised peremptory challenges to remove from the venire members of the defendants’ race --The defendants may rely on the fact that peremptory challenges are a jury selection practice which allow those who are minded to discriminate to do so --That these facts and any other relevant circumstances raise an inference that the prosecutor used that practice to exclude the veniremen from the petit jury on account of their race. (Batson v. Kentucky 476 U.S. 79 [1986])

The issue at hand is whether the use of peremptory challenges to remove a potential juror form the jury pool based on the race violates the equal protection

The first phase of a criminal jury trial is focused on selecting specific jurors, which is accomplished through a process referred to as 'voir dire' which is a screening of potential jurors. In the criminal trial involving an offense categorized as a felony "12 jurors and up to six alternate jurors may be chosen." (3rd Judicial District, ) Voir dire of the jury involves the prosecuting and defense attorneys questioning the potential jurors and

This paper is being submitted August 11, 2013 for Professor Sheryl Prichard’s Criminal Law and Procedure course at Devry University by Jonah Colombo.

Juror 10- Brother, you can say that again. The kids who crawl outa those places are real trash. I don't want any part of them, I’m telling you.

Bohm, R. M., & Haley, K. N. (2014). Introduction to Criminal Justice (8th ed.). New York, NY, USA: McGraw-Hill Education.

Challenge to the array refers to the questioning of the eligibility of an entire jury panel to see if they can continue to trial. Usually, this is done when there are grounds to suspect a jury's biased opinions on a case. For example, an entire jury could share the same religious values that conflict with the case at hand. They can then be challenged and potentially discharged if the challenge passes. Another jury panel is then picked to replace them.This challenge is generally done by a defense attorney to ensure fairness in a

These fluctuations in criminal justice policies are not just in local governing bodies; these changes are an effort to adapt to a new technologically based modern age, and that goal of adaptation radiates to all ends of the earth, thereby having a global reach. As all societies, and populations of people alter and change, and belief systems ebb and flow, the rules and laws that govern such people must change with them. It is imperative that a governing system stay current, for without an ever-changing system of behavioral structure then those societies race faster toward

Nemeth, C.P. (2001). Law & evidence: a primer for criminal justice, criminology, law, and legal studies. NJ: Prentice-Hall Inc.

A prospective juror is requested to be dismissed because there is a specific or forceful reason that the person cannot be unbiased, fair, and would not potentially be a good juror. A challenge is used to target a potential juror for disqualification for some stated reason. These reasons may be that the juror is bias, prejudice and they may even know the lawyers or the defendant, or there may be some prior incident that may prevent them from being a part of the case. During a challenge for cause the court must agree that the cause exists for the challenge and if it does and the courts agree then the citizen will lose their seat on the jury.

1. Siegel, L. J., & Worrall, J. L. (2013) Essentials of criminal justice , Belmont, CA

Laws are constantly developing to meet the needs of an ever changing society which needs an unbiased court of Law. Statutes and common law has its own advantages and disadvantages in the development of civil and criminal liability. In this essay I will explore murder, rape and rape in criminal liability and contract and tort in civil liability.