peremptory:  1. Absolute; conclusive; final; or arbitrary.  2. Not requiring any explanation or cause to be shown.  For example, a peremptory challenge to a potential juror is the automatic elimination of that person from the jury by one side before trial without needing to state the reason for elimination.  Each side has the right to a certain number of peremptory challenges, and all other attempts to eliminate a potential juror must be for a reason (which may or may not be accepted by the judge).

voire dire:  (French) "To see, to say"; "to state the truth."  The preliminary in-court questioning of a prospective juror to determine suitability to decide a case. [pronounce: vwahr deer].

[Definitions from Oran's Dictionary of the Law, 3rd edition, Delmar Publishing]
 

REQUIRED STUDY:

1. Listen to "Race, Justice and Juries" (NPR's "Justice Talking" Series)

2. For both the YES and NO perspectives on the question for this part of the week, read "Improving the Jury System: Peremptory Challenges", written by Patricia Henley (Public Law Research Institute).

3. Since the airing of "Race, Justice and Juries" on NPR's "Justice Talking," the U.S. Supreme Court has decided the Miller-El v. Cockrell case referred to in the debate.  On February 25, 2003, the Supreme Court ruled 8-1 (with Justice Clarence Thomas as the sole dissenter) that Miller-El should have been allowed to present evidence of systemic racial bias during jury selection. The syllabus (synopsis) of the majority opinion is part of the required reading.  To see it, click here.  The full text of the Court opinion, as well as Justice Scalia's concurring opinion and Justice Thomas' dissenting opinion are optional reading.  See links to those opinions in the Optional Study section below.

1. Full opinion of the Supreme Court in Miller-El v. Cockrell (written by Justice Kennedy)
2. Justice Scalia's concurring opinion
3. Justice Thomas's dissenting opinion
4. Thomas El-Miller's Web Site