This note examines the United States Supreme Court decision holding that litigators may not discriminate on the basis of gender during the process of selecting jurors in that it violates the Equal Protection Clause of the Fourteenth Amendment. In addition to discussing the history of peremptory challenges and jury selection, the author proposes a limitation on the number of peremptory challenges allowed during jury selection. In doing so, the author explains that peremptory challenges have historically been a useful and integral part of jury selection, but the process is now a fertile ground for abuse. The author concludes that unless the legislative bodies recognize the implications of the Court's holding and act accordingly, any future restrictions on peremptory challenges may mark the end of them.
College of Law
Northern Illinois University Law Review
Wichterman, Stacey L.
"J.E.B. v. Alabama ex rel. T.B.: Gender-Based Peremptory Challenges on Trial,"
Northern Illinois University Law Review: Vol. 16:
1, Article 4.
Stacey L. Wichterman, Note, J.E.B. v. Alabama ex rel. T.B.: Gender-Based Peremptory Challenges on Trial, 16 N. Ill. U. L. Rev. 209 (1995).