Under NY jury selection, are there three peremptory strikes and may they not be based on race or gender?

Under NY jury selection, are there three peremptory strikes and may they not be based on race or gender?

• A. True
• B. False
• C. Only in civil cases
• D. Not allowed in NY at all

Answer: (A)

During jury selection in New York, each side has a limited number of peremptory challenges to strike potential jurors without giving a reason. The standard number in most trials is three per side. A key part of the rule is that these peremptory challenges may not be used to exclude jurors on the basis of protected characteristics, such as race or gender. If a party objects to a strike on those grounds, the opposing party must provide a race- or gender-neutral justification, and the judge will assess whether the strike is permissible. In short, you have a fixed set of peremptory challenges to use for non-discriminatory reasons, and discriminating on race or gender is not allowed.

During jury selection in New York, each side has a limited number of peremptory challenges to strike potential jurors without giving a reason. The standard number in most trials is three per side. A key part of the rule is that these peremptory challenges may not be used to exclude jurors on the basis of protected characteristics, such as race or gender. If a party objects to a strike on those grounds, the opposing party must provide a race- or gender-neutral justification, and the judge will assess whether the strike is permissible. In short, you have a fixed set of peremptory challenges to use for non-discriminatory reasons, and discriminating on race or gender is not allowed.