Sentences with phrase «peremptory challenge system»
In Swain, the Court reviewed the «very old credentials» of the peremptory challenge system, and noted the «long and widely held belief that peremptory challenge is a necessary part of trial by jury.»
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And I think that we as state and federal court systems should be moving towards getting rid of peremptory challenges because they're really just an opportunity to discriminate.»
Criminal defence lawyer Sean Robichaud says that, as indigenous people are over-represented as the accused in the criminal justice system, eliminating the peremptory challenges to ensure the jury represents the victim will only disadvantage them.
Our system permits two types of challenges: challenges for cause and peremptory challenges.
Today the Court sets aside the peremptory challenge, a procedure which has been part of the common law for many centuries and part of our jury system for nearly 200 years.
Conceding that the Constitution does not guarantee a right to peremptory challenges and that Swain did state that their use ultimately is subject to the strictures of equal protection, the State argues that the privilege of unfettered exercise of the challenge is of vital importance to the criminal justice system.
The report called Manitoba's jury system a «glaring example of systemic discrimination» and called for peremptory challenges to be eliminated.