Abstract

Much of the debate over peremptory challenge use in California was based primarily on anecdotal information that failed to provide a consistent or reliable view of ac­tual practices in the California superior courts. To help inform the debate, the Administrative Office of the Courts contracted with the National Center for State Courts to investigate current usage practices and estimate the potential impact of the proposed reductions in peremptory challenges. Because of the nexus between peremptory challenges and challenges for cause, the study was designed to examine pe­remptory challenges in the context of the entire voir dire process, including judicial decision making on challenges for cause.

This report summarizes the study findings as follows: Chapter 2 describes the study methodology and reports on background information about jury panel management, including panel size, that may indirectly affect judicial and lawyer decision-making; Chapter 3 provides a summary of peremptory challenge usage in California based on 7,745 jury panels sent in 2002 to courtrooms for voir dire in 14 counties throughout the state. This chapter also estimates the likely impact of Task Force reductions in terms of the propor­tion of trials affected, the likelihood of differential effects on parties, and potential effects on jury system management (e.g., panel size and corresponding summoning and corresponding summoning and qualification practices); Chapter 4 discusses judicial decision-making with respect to challenges for cause based on courtroom observations from the voir dire in 18 criminal trials in eight counties in Febru­ary and March 2004; and Chapter 5 offers conclusions about the over­all effectiveness and efficiency of voir dire practices and proposes recommendations with respect to implementation of the Task Force proposals.

This abstract has been taken from the authors' introduction.

Document Type

Report

Publication Date

8-2004

Publication Information

National Center for State Courts (2004)

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