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3 Green Bag 2d 135 (1999-2000)
Peremptory Challenges

handle is hein.journals/grbg3 and id is 147 raw text is: 

Peremptory Challenges


              Morris   B.  Hoffman

L ET ME BEGIN by explaining what I'm not
      going  to talk about. I'm  not going  to
      give you  practical advice about how  to
exercise your  peremptory   challenges intelli-
gently. In fact, the only practical advice I want
to give you is to remind you  that the word is
spelled peremptory not  preemptory. I don't
want  to talk about whether  peremptory  chal-
lenges are constitutional' or about their weird

and misunderstood   history.2
   What  I do want  to talk about is the follow-
ing  strange phenomenon: trial   lawyers  love
peremptory   challenges and trial judges don't.
This  line cuts across virtually every political
philosophy,  every area of practice, and every
set of criteria you can think of. It doesn't mat-
ter if you're a  conservative  or a  liberal, a
defense lawyer  or a plaintiffs' lawyer, a prose-

  Judge Hoffman sits on the District Court for the Second Judicial District (Denver), State of Colorado. This essay
  is based on a speech he gave to the Colorado Defense Lawyers' Association on March 17, 1999, in Denver. The
  opinions he expresses here are of course his own, and are not meant to reflect the views of the District Court for
  the Second Judicial District or any of his colleagues on that Court.
i It may be only a matter of time before the Supreme Court gives up on Batson (Al Alschuler has called
  this event Bedtime for Batson). Albert W. Alschuler, The Supreme Court and the Jury: Voir Dire,
  Peremptory Challenges, and the Review ofJury Verdicts, 56 U. CHi. L. RE. 153, 199 (1989). I also suspect
  that if that ever does happen, peremptory challenges themselves may not survive either the fair
  cross-section requirement of the Sixth Amendment  or the Equal Protection Clause of the
  Fourteenth Amendment.
z Al Alschuler's wonderful article in the University of Chicago Law Review contains a good discussion
  about the parallel development of the English trial jury and the English peremptory challenge. Note
  i, supra. Judge Ray Broderick's article in the Temple Law Review also has a really good section on the
  history of the peremptory challenge. Raymond W. Broderick, Why the Peremptory Challenge Should Be
  Abolished, 65 TEMPLE L. Rav. 369 (1992). My article in the University of Chicago Law Review focuses on
  both the English and pre-English history of the peremptory challenge, and the connection, or rather
  lack of connection, between the two. Morris B. Hoffman, Peremptory Challenges Should Be Abolished: A
  TrialJudge's Perspective, 64 U. CHi. L. REv. 809 (1997).


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