When can a defense attorney use a challenge to remove an individual from a jury without disclosing his or her reason for not wanting the individual on the jury?

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2026-04-12 23:45

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A defense attorney can use a peremptory challenge to remove an individual from a jury without disclosing the reason during the jury selection process. Each side typically has a limited number of peremptory challenges, allowing them to exclude jurors without cause. However, this must be done within the constraints of the law, as peremptory challenges cannot be used to discriminate based on race, gender, or other protected characteristics. If the opposing party suspects discrimination, they can raise a Batson challenge, requiring the attorney to provide a race-neutral explanation for the removal.

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