Authors

Nancy J. King

Document Type

Article

Publication Title

Chicago-Kent Law Review

Publication Date

1998

Page Number

509

Keywords

judges, disqualification

Disciplines

Judges | Law

Abstract

The choice of whether to adopt or preserve judicial peremptories should not turn on the resolution of one issue. The risk that such challenges will be used to discriminate between judges on the basis of race must be considered along with the other disadvantages of the challenge and weighed against its potential benefits. Nevertheless, if there is one lesson to be learned from the last few decades of scrutiny of the criminal justice system, it is that discretion can and will be used to discriminate. This difficulty weighs heavily against injecting into our justice system additional discretionary opportunities for litigants to play the race card, absent a truly compelling reason to do so.

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Judges Commons

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