Which statement about peremptory challenges is true?

Which statement about peremptory challenges is true?

• A. They may be used for any reason, including race.
• B. They may be used for discretionary reasons but cannot be based on race or gender after Batson and J.E.B.
• C. They require a court order.
• D. They are unlimited.

Answer: (B)

Peremptory challenges are discretionary removals of jurors without needing to state a reason, but after Batson v. Kentucky and J.E.B. v. Alabama ex rel. T.B., they may not be used to exclude a juror based on race or gender. The Batson framework requires a party to make a prima facie showing that the challenge is race-based; if shown, the other side must provide a race-neutral justification, and the judge determines whether the reason is genuine or a pretext. J.E.B. extends the same principle to gender. The other options are inconsistent with this framework: peremptory challenges are not unlimited, they do not require a court order, and they cannot be used for discriminatory reasons, including race.

Peremptory challenges are discretionary removals of jurors without needing to state a reason, but after Batson v. Kentucky and J.E.B. v. Alabama ex rel. T.B., they may not be used to exclude a juror based on race or gender. The Batson framework requires a party to make a prima facie showing that the challenge is race-based; if shown, the other side must provide a race-neutral justification, and the judge determines whether the reason is genuine or a pretext. J.E.B. extends the same principle to gender. The other options are inconsistent with this framework: peremptory challenges are not unlimited, they do not require a court order, and they cannot be used for discriminatory reasons, including race.