In Their Own Words: Judges and Trial Attorneys React to Arizona’s Ban on Peremptory Challenges

• In Event: New Developments in Prosecutor's Offices and Courtrooms

Abstract

In January of 2022, Arizona became the first state in the U.S. to ban peremptory challenges in all criminal and civil trials. This transformative reform was designed explicitly to increase the racial and ethnic diversity of juries. In this paper we discuss findings from interviews with judges and trial attorneys who participated in jury trials in the post-ban era. Respondents were asked questions about the peremptory challenge ban and its impact on jury diversity, trial strategies, and case outcomes. We also discuss the policy implications of the ban and respondents’ assessment of it.

Authors

• Cassia Spohn, Arizona State University

• Jessica Salerno, Arizona State University

• Valena Beety, Arizona State University

• Hank Fradella, Arizona State University

• Shi Yan, Arizona State University