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	<title>Comments on: Eliminate Peremptory Challenges</title>
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	<link>http://politicalcartel.org/2008/03/27/eliminate-peremptory-challenges/</link>
	<description>An International Online Editorial Magazine ■ Pittsburgh, PA, USA ■ Seoul, ROK</description>
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		<title>By: Peremptory Challenges Revisited &#171; Political Cartel</title>
		<link>http://politicalcartel.org/2008/03/27/eliminate-peremptory-challenges/#comment-8599</link>
		<dc:creator><![CDATA[Peremptory Challenges Revisited &#171; Political Cartel]]></dc:creator>
		<pubDate>Mon, 14 Sep 2009 16:21:23 +0000</pubDate>
		<guid isPermaLink="false">http://politicalcartel.wordpress.com/?p=326#comment-8599</guid>
		<description><![CDATA[[...] trial by jury &#124; by D. M. Manes    In 2008, I wrote an article for Political Cartel discussing peremptory challenges.  A peremptory challenge is when attorneys for the prosecution or defense are permitted to strike [...]]]></description>
		<content:encoded><![CDATA[<p>[...] trial by jury | by D. M. Manes    In 2008, I wrote an article for Political Cartel discussing peremptory challenges.  A peremptory challenge is when attorneys for the prosecution or defense are permitted to strike [...]</p>
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		<title>By: Jesse</title>
		<link>http://politicalcartel.org/2008/03/27/eliminate-peremptory-challenges/#comment-5727</link>
		<dc:creator><![CDATA[Jesse]]></dc:creator>
		<pubDate>Sun, 12 Oct 2008 15:49:45 +0000</pubDate>
		<guid isPermaLink="false">http://politicalcartel.wordpress.com/?p=326#comment-5727</guid>
		<description><![CDATA[the quote above is from Dennis Miller on SNL

i couldn&#039;t find much under fija.org on peremptory challenge. i will keep looking. i do know that the Fully Informed Jury Act does still allow peremptory challenge but does address other aspects of disqualifications.]]></description>
		<content:encoded><![CDATA[<p>the quote above is from Dennis Miller on SNL</p>
<p>i couldn&#8217;t find much under fija.org on peremptory challenge. i will keep looking. i do know that the Fully Informed Jury Act does still allow peremptory challenge but does address other aspects of disqualifications.</p>
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		<title>By: Jesse</title>
		<link>http://politicalcartel.org/2008/03/27/eliminate-peremptory-challenges/#comment-5726</link>
		<dc:creator><![CDATA[Jesse]]></dc:creator>
		<pubDate>Sun, 12 Oct 2008 15:46:33 +0000</pubDate>
		<guid isPermaLink="false">http://politicalcartel.wordpress.com/?p=326#comment-5726</guid>
		<description><![CDATA[&quot;The entire system of jurisprudence is based on the premise of &quot;trial by jury&quot; and the only way you can get on a jury is if you prove beyond a shadow of a doubt that you know nothing about the case you&#039;re about to try. Consequently, we have people&#039;s lives being determined by twelve people in a room whose main in goal in life is to wrap it up and get home in time to watch &quot;Alice&quot; reruns on the Superstation because they think Flo is a real hoot.&quot;

Libertarian Party Platform
Safeguards for the Criminally Accused
The judicial system must be reformed to allow criminal defendants and civil parties to a court action a reasonable number of peremptory challenges to proposed judges, similar to their right under the present system to challenge a proposed juror.]]></description>
		<content:encoded><![CDATA[<p>&#8220;The entire system of jurisprudence is based on the premise of &#8220;trial by jury&#8221; and the only way you can get on a jury is if you prove beyond a shadow of a doubt that you know nothing about the case you&#8217;re about to try. Consequently, we have people&#8217;s lives being determined by twelve people in a room whose main in goal in life is to wrap it up and get home in time to watch &#8220;Alice&#8221; reruns on the Superstation because they think Flo is a real hoot.&#8221;</p>
<p>Libertarian Party Platform<br />
Safeguards for the Criminally Accused<br />
The judicial system must be reformed to allow criminal defendants and civil parties to a court action a reasonable number of peremptory challenges to proposed judges, similar to their right under the present system to challenge a proposed juror.</p>
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		<title>By: David M. Manes</title>
		<link>http://politicalcartel.org/2008/03/27/eliminate-peremptory-challenges/#comment-5725</link>
		<dc:creator><![CDATA[David M. Manes]]></dc:creator>
		<pubDate>Sun, 12 Oct 2008 15:33:37 +0000</pubDate>
		<guid isPermaLink="false">http://politicalcartel.wordpress.com/?p=326#comment-5725</guid>
		<description><![CDATA[Sweet.]]></description>
		<content:encoded><![CDATA[<p>Sweet.</p>
]]></content:encoded>
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		<title>By: Brian</title>
		<link>http://politicalcartel.org/2008/03/27/eliminate-peremptory-challenges/#comment-5722</link>
		<dc:creator><![CDATA[Brian]]></dc:creator>
		<pubDate>Sun, 12 Oct 2008 11:50:16 +0000</pubDate>
		<guid isPermaLink="false">http://politicalcartel.wordpress.com/?p=326#comment-5722</guid>
		<description><![CDATA[Yes I agree with getting rid of peremptory challenges. I am in Princeton Model Congress and this is what my bill will do. I appreciate this article because I will use it to help me create  this bill. And I do agree that it is hard to uphold the decision made in Batson v. Kentucky so that is one of my reasons why I believe that peremptroy challenges should be taken out of our the U.S. legal system]]></description>
		<content:encoded><![CDATA[<p>Yes I agree with getting rid of peremptory challenges. I am in Princeton Model Congress and this is what my bill will do. I appreciate this article because I will use it to help me create  this bill. And I do agree that it is hard to uphold the decision made in Batson v. Kentucky so that is one of my reasons why I believe that peremptroy challenges should be taken out of our the U.S. legal system</p>
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		<title>By: David M. Manes</title>
		<link>http://politicalcartel.org/2008/03/27/eliminate-peremptory-challenges/#comment-2312</link>
		<dc:creator><![CDATA[David M. Manes]]></dc:creator>
		<pubDate>Fri, 28 Mar 2008 13:43:59 +0000</pubDate>
		<guid isPermaLink="false">http://politicalcartel.wordpress.com/?p=326#comment-2312</guid>
		<description><![CDATA[Chris, the biggest problem with peremptory challenges is that it is very difficult to prove in court that the reason for dismissal was motivated by race, gender, religion, or any other stereotype; but that doesn&#039;t mean it isn&#039;t happening.  It is widely known that the process primarily serves the purposes of discrimination, but since both sides have been allowed to do it, we thought it was okay.  

I still haven&#039;t heard any sort of compelling reason to keep them that can outweigh the criticisms.  A check on judges would be a miniscule benefit, and there are already other mechanisms for that.  Is there anything else?]]></description>
		<content:encoded><![CDATA[<p>Chris, the biggest problem with peremptory challenges is that it is very difficult to prove in court that the reason for dismissal was motivated by race, gender, religion, or any other stereotype; but that doesn&#8217;t mean it isn&#8217;t happening.  It is widely known that the process primarily serves the purposes of discrimination, but since both sides have been allowed to do it, we thought it was okay.  </p>
<p>I still haven&#8217;t heard any sort of compelling reason to keep them that can outweigh the criticisms.  A check on judges would be a miniscule benefit, and there are already other mechanisms for that.  Is there anything else?</p>
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		<title>By: S.C. Denney</title>
		<link>http://politicalcartel.org/2008/03/27/eliminate-peremptory-challenges/#comment-2311</link>
		<dc:creator><![CDATA[S.C. Denney]]></dc:creator>
		<pubDate>Fri, 28 Mar 2008 13:38:21 +0000</pubDate>
		<guid isPermaLink="false">http://politicalcartel.wordpress.com/?p=326#comment-2311</guid>
		<description><![CDATA[Yes, see Snyder v. Louisiana. 

That&#039;s a pretty weak case for maintain peremptory challenges.]]></description>
		<content:encoded><![CDATA[<p>Yes, see Snyder v. Louisiana. </p>
<p>That&#8217;s a pretty weak case for maintain peremptory challenges.</p>
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		<title>By: Chris McNeal</title>
		<link>http://politicalcartel.org/2008/03/27/eliminate-peremptory-challenges/#comment-2310</link>
		<dc:creator><![CDATA[Chris McNeal]]></dc:creator>
		<pubDate>Fri, 28 Mar 2008 12:57:26 +0000</pubDate>
		<guid isPermaLink="false">http://politicalcartel.wordpress.com/?p=326#comment-2310</guid>
		<description><![CDATA[Is there any evidence that minorities aren&#039;t getting to serve on juries?  

And sure, the aggrieved party can appeal for harm done.  But why should we draw out something like that?  I&#039;m not advocating swift justice but I am saying that going through a whole case and then having to appeal on those grounds just seems like a waste.  For someone who is already missing worktime and wants to get back, they aren&#039;t going to want to appeal.

I still think going from three peremtory challenges to one is the best way to fix the problem rather than getting rid of the all together.]]></description>
		<content:encoded><![CDATA[<p>Is there any evidence that minorities aren&#8217;t getting to serve on juries?  </p>
<p>And sure, the aggrieved party can appeal for harm done.  But why should we draw out something like that?  I&#8217;m not advocating swift justice but I am saying that going through a whole case and then having to appeal on those grounds just seems like a waste.  For someone who is already missing worktime and wants to get back, they aren&#8217;t going to want to appeal.</p>
<p>I still think going from three peremtory challenges to one is the best way to fix the problem rather than getting rid of the all together.</p>
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	<item>
		<title>By: S.C. Denney</title>
		<link>http://politicalcartel.org/2008/03/27/eliminate-peremptory-challenges/#comment-2309</link>
		<dc:creator><![CDATA[S.C. Denney]]></dc:creator>
		<pubDate>Fri, 28 Mar 2008 05:34:13 +0000</pubDate>
		<guid isPermaLink="false">http://politicalcartel.wordpress.com/?p=326#comment-2309</guid>
		<description><![CDATA[My earlier question still stands.  How do you enforce the &quot;safeguards&quot; of peremptory challenges?]]></description>
		<content:encoded><![CDATA[<p>My earlier question still stands.  How do you enforce the &#8220;safeguards&#8221; of peremptory challenges?</p>
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	<item>
		<title>By: S.C. Denney</title>
		<link>http://politicalcartel.org/2008/03/27/eliminate-peremptory-challenges/#comment-2308</link>
		<dc:creator><![CDATA[S.C. Denney]]></dc:creator>
		<pubDate>Fri, 28 Mar 2008 05:13:21 +0000</pubDate>
		<guid isPermaLink="false">http://politicalcartel.wordpress.com/?p=326#comment-2308</guid>
		<description><![CDATA[&lt;em&gt;&quot;It does provide a check on the judges who are unwilling to grant a for cause challenge.&quot;&lt;/em&gt;

Isn&#039;t that why there&#039;s an inherent check (the appeals process), which guards against unfair or biased judges?  Why does the U.S. judicial system need superfluous, and arguably arcane, protectionist measures that are open to possible abuse and institutionalized discrimination?

From a realistic standpoint, how often are judges unwilling to consider &quot;for cause&quot; challenges?  And if they decline, can&#039;t the aggrieved party appeal for for harm done due to judicial bias (as stated above)?]]></description>
		<content:encoded><![CDATA[<p><em>&#8220;It does provide a check on the judges who are unwilling to grant a for cause challenge.&#8221;</em></p>
<p>Isn&#8217;t that why there&#8217;s an inherent check (the appeals process), which guards against unfair or biased judges?  Why does the U.S. judicial system need superfluous, and arguably arcane, protectionist measures that are open to possible abuse and institutionalized discrimination?</p>
<p>From a realistic standpoint, how often are judges unwilling to consider &#8220;for cause&#8221; challenges?  And if they decline, can&#8217;t the aggrieved party appeal for for harm done due to judicial bias (as stated above)?</p>
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