If you are the prosecutor or defense attorney preparing for trial,you can use your peremptory challenges during voir dire to exclude potential jurors based on their race or gender.

Question

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It is unconstitutional to use peremptory challenges to exclude potential jurors based on their race or gender. This was established by the Supreme Court in the case of Batson v. Kentucky in 1986. Peremptory challenges can only be used for non-discriminatory reasons such as bias or impartiality.

If You Are the Prosecutor or Defense Attorney Preparing for Trial,you