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Full-Text Articles in Law
Thinking About Elephants: Admonitions, Empirical Research And Legal Policy, J. Alexander Tanford
Thinking About Elephants: Admonitions, Empirical Research And Legal Policy, J. Alexander Tanford
Articles by Maurer Faculty
No abstract provided.
An Asymmetrical Approach To The Problem Of Peremptories?, Richard D. Friedman
An Asymmetrical Approach To The Problem Of Peremptories?, Richard D. Friedman
Articles
The Supreme Court's decision in Batson v. Kentucky, and the extension of Batson to parties other than prosecutors, may be expected to put pressure on the institution of peremptory challenges. After a brief review of the history of peremptories, this article contends that peremptories for criminal defendants serve important values of our criminal justice system. It then argues that peremptories for prosecutors are not as important, and that it may no longer be worthwhile to maintain them in light of the administrative complexities inevitable in a system of peremptories consistent with Batson. The article concludes that the asymmetry of allowing …