In a federal civil trial, an attorney exercises a challenge to remove a prospective juror without offering a reason. This action is known as a peremptory challenge. Which of the following statements most accurately describes the primary constitutional limitation on the use of such challenges?
The challenge can only be used if the juror has a demonstrable financial interest in the case's outcome.
The challenge cannot be used to exclude a juror on the basis of race or gender.
The challenge is unlimited in number for both parties in a civil action.
The challenge cannot be used to exclude a juror based on their political affiliation.
The correct answer is that peremptory challenges cannot be used to exclude a juror based on race or gender. The Supreme Court's decision in Batson v. Kentucky established that peremptory challenges cannot be used to exclude jurors solely based on race, as this violates the Equal Protection Clause of the Fourteenth Amendment. This principle was later extended to prohibit discrimination based on gender in J.E.B. v. Alabama ex rel. T.B. The number of peremptory challenges is not unlimited; in federal civil cases, each party is statutorily entitled to three challenges. A demonstrable financial interest is grounds for a 'challenge for cause,' not a peremptory challenge. While debated, the Supreme Court has not extended the Batson rule to prohibit challenges based on political affiliation.
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