This bill amends Arizona Revised Statutes to restore a limited number of peremptory challenges in criminal jury selections. Under the new provisions, each party is entitled to six peremptory challenges if the offense is punishable by death, four if tried in superior court, and one if tried in a limited jurisdiction court. Additionally, if a party exercises a peremptory challenge, they must affirm that it is not based on the juror's race, color, religion, sex, age, national origin, or disability. The court will then evaluate this affirmation and may reinstate the juror if the affirmation is rejected.
The bill responds to the Arizona Supreme Court's 2021 decision to eliminate peremptory challenges, which the legislature argues has led to an increase in hung juries and additional costs for the criminal justice system. The new law aims to ensure defendants' rights to a fair and impartial jury while maintaining protections established by the Batson v. Kentucky ruling regarding discriminatory practices in jury selection.
Statutes affected: Introduced Version: 21-316