In jury selection, one cannot exclude potential jurors on the basis of race or o

Question

In jury selection, one cannot exclude potential jurors on the basis of race or other discriminatory criteria. One question is if this prohibition against discrimination should extend to potential jurors that have physical or mental disabilities. For example, should the parties to a trial be able to exclude blind persons from a jury through either challenges for cause or peremptory challenges if a reasonable accommodation can be made to allow them to serve? How might the rights of the potential juror, the plaintiff, and the defendant be impacted by this decision?  

Explanation / Answer

Jury selection has to be based upon the certain set of eligibility criteria that is predefined. If the eligibility criteria is being met by the potential juror then he/she can be selected for Jury.

Parties to a trial are given rights of peremptory challenges to exclude the juror whose disability in any capacity can make impact upon the decision. It is a special right given to the parties without any explanation. Though other parties can oppose it on the basis of their claim of discriminator reasons of exclusion used by other party.

The right of peremptory challenges should remain in existence but it should include necessary confidential reasoning behind it. It will prevent the misuse of it. Also, final decision should be taken by the court of law to include or exclude the potential juror.

If right of preemptory challenge remains to continue even if the necessary accommodation is made to juror then it will give defendant and plaintiff best possible chance to put their cases. It will strengthen their believe in justice system and their rights will not be hampered. Thus, it should not be revoked. Rights of potential juror will not be affected as he/she will be selected in other cases where nature of physical disability does not play any role in selection.

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