What is "peremptory challenge"

Peremptory \Per"emp*to*ry\, a. [L. peremptorius destructive, deadly, decisive, final: cf. F. p['e]remptorie. See Perempt.]

1. Precluding debate or expostulation; not admitting of question or appeal; positive; absolute; decisive; conclusive; final.

   Think of heaven with hearty purposes and peremptory designs to get thither.
   --Jer. Taylor.

2. Positive in opinion or judgment; decided; dictatorial; dogmatical.

   Be not too positive and peremptory.
   --Bacon.

   Briefly, then, for we are peremptory.
   --Shak.

3. Firmly determined; unawed. [Poetic]
   --Shak.

   Peremptory challenge (Law) See under Challenge.

   Peremptory mandamus, a final and absolute mandamus.

   Peremptory plea, a plea by a defendant tending to impeach the plaintiff's right of action; a plea in bar.

   Syn: Decisive; positive; absolute; authoritative; express; arbitrary; dogmatical.

Challenge \Chal"lenge\, n. [OE. chalenge claim, accusation, challenge, OF. chalenge, chalonge, claim, accusation, contest, fr. L. calumnia false accusation, chicanery. See Calumny.]

1. An invitation to engage in a contest or controversy of any kind; a defiance; specifically, a summons to fight a duel; also, the letter or message conveying the summons.

   A challenge to controversy.
   --Goldsmith.

2. The act of a sentry in halting any one who appears at his post, and demanding the countersign.

3. A claim or demand. [Obs.]

   There must be no challenge of superiority.
   --Collier.

4. (Hunting) The opening and crying of hounds at first finding the scent of their game.

5. (Law) An exception to a juror or to a member of a court martial, coupled with a demand that he should be held incompetent to act; the claim of a party that a certain person or persons shall not sit in trial upon him or his cause.
   --Blackstone

6. An exception to a person as not legally qualified to vote. The challenge must be made when the ballot is offered. [U. S.]

   Challenge to the array (Law), an exception to the whole panel.

   Challenge to the favor, the alleging a special cause, the sufficiency of which is to be left to those whose duty and office it is to decide upon it.

   Challenge to the polls, an exception taken to any one or more of the individual jurors returned.

   Peremptory challenge, a privilege sometimes allowed to defendants, of challenging a certain number of jurors (fixed by statute in different States) without assigning any cause.

   Principal challenge, that which the law allows to be sufficient if found to be true.

Peremptory challenge in Anglo-Saxon law refers to a right in jury selection for the attorneys to reject a certain number of potential jurors without stating a reason. Other potential jurors may be challenged for cause, i.e., by giving a good reason why they might be unable to reach a fair verdict, but the challenge will be considered by the presiding judge and may be denied.

A peremptory challenge can be a major part of voir dire.

The idea behind peremptory challenges is that if both parties have contributed in the configuration of the jury, they will find its verdict more acceptable. The existence of peremptory challenges is argued to be an important safeguard in the judicial process, allowing both the defendant and the prosecution to get rid of potentially biased jurors. Their use allows attorneys to use their training and experience to dismiss jurors who might say the correct thing, but might otherwise harbor prejudices that could infringe the rights of the defendant to a fair trial.

A peremptory challenge also allows attorneys to veto a potential juror on a "hunch".