Peremptory Challenges: Jury Selection

Jury selection is more aptly described as jury elimination. Jurors are struck or eliminated and the remaining jurors often become the jury. The overall purpose of jury selection is to “discover bias or prejudice in order to select a fair and impartial jury.” State v. Leisure, 749 S.W.2d 366, 373 (Mo. 1988). A potential juror is struck if he or she has a bias or prejudice. There are unlimited strikes for cause. Peremptory challenges, however, are limited.

Section 494.480, RSMo provides:

“In trials of civil causes each party shall be entitled to peremptorily challenge three jurors.  When there are multiple plaintiffs or defendants, all plaintiffs and all defendants shall join in their challenges as if there were one plaintiff and one defendant.”

A peremptory challenge is a strike for any reason. Courts, though, have cautioned that peremptory challenges may not be used in a discriminatory fashion. State v. Antwine, 743 S.W.2d 51, 64 (Mo. 1987).