Publication Date
4-3-2023
Abstract
This Comment addresses the opportunity to abolish peremptory challenges in Colorado. A recap of the history of racism and inequality in the United States provides context for a discussion about the present state of this society in terms of fairness within our criminal legal system. This Comment discusses the widely recognized need for remediation of racial discrimination and bias rooted throughout the criminal punishment process but acutely exemplified by jury selection in that setting. An exploration of a recent attempt by the Supreme Court of Colorado’s Rules of Criminal Procedure Committee to catalyze a revision to the state’s Rule of Criminal Procedure 24 reveals that, while the measure would advance the cause of racial justice, it would not go far enough. This Comment argues that Colorado should be the second state in the country to prohibit the use of peremptory challenges to ensure the promise of the Sixth Amendment guarantee that defendants will be tried by an impartial jury of their peers.
First Page
495
Recommended Citation
Michael A. Kilbourn, Abolishing Peremptory Challenges: A Fair Price to Pay for Just Jury Selection, 100 DENV. L. REV. 495 (2023).