State v. Lowe: The Supreme Court of Nebraska Correctly Determines Gender Discrimination during Jury Selection Constitutes an Equal Protection Violation Not Subject to Harmless Error Review
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Authors
Goeschel, Joshua
Issue Date
2005
Volume
38
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|The peremptory challenge system has a vast history, dating back more than two thousand years. The Romans were the first to use the peremptory challenge in 104 B.C. The modem day American jury system inherited the peremptory challenge system from English common law in 1790. By 1870, the great majority of the American states provided the defense and prosecution alike a specified number of peremptory challenges in judicial actions. Since that time, attorneys have used this power to strike potential jurors for any reason they have deemed necessary. However, contemporary judicial opinions have curtailed this liberal freedom to exercise peremptory challenges...
Description
Citation
38 Creighton L. Rev. 193 (2004-2005)
Publisher
Creighton University School of Law