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Litigation

Jul. 7, 1999

Striking Out

Striking Out Jury Selection Has Become Responsive to Everybody's Rights A major strategic victory can be won, because raising the challenge of discrimination will change the strike strategy of the opponent.

        By David Island and Daniel P. Westman
        
        For all practical purposes, the peremptory challenge may have lost its raison d'être. Until fairly recently, a trial lawyer did not need a reason to exercise a peremptory challenge. The attorney could remove a prospective juror for no reason at all, or for some private, even bigoted, rea...

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