Criminal Procedure-The Quintessential Exercise Of The Peremptory Challenge: Denial Of Peremptory Strike Possibly Violates Section One Of The Kentucky Constitution

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Sex-based and race-based peremptory strikes violate the Equal Protection Clause. These restrictions have prompted some judges, scholars, and trial lawyers to speculate about the peremptory strike's ultimate demise.

State constitutions, however, provide adequate and independent grounds for legal development. This paper examines various aspects of the peremptory strike under the Kentucky Constitution. In particular, when a Kentucky trial court erroneously denies a criminal defendant's motion for cause during voir dire, thus requiring the use of a peremptory strike to remove the suspected panel member, does this violate the Kentucky Constitution?

This paper analyzes the text, history, precedent, and policy both favoring and against the protection of the peremptory under the Kentucky Constitution. Indeed, a state's constitution may provide a legal basis to reinforce the peremptory strike's viability.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Michael Smolensky, Law Office of Michael A. Smolensky LLC | Attorney Advertising

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