Commonwealth v. Hardcastle

FLAHERTY, Justice,

concurring.

There is a great deal of truth to the point made by Mr. Chief Justice Nix in his dissenting opinion, but short of the elimination of peremptory challenges altogether, a move I favor, I join the majority opinion.

As long as there are peremptory challenges such will be used as the Chief Justice suggests regardless of the test this Court adopts. Furthermore, I believe racial and ethnic exclusion by this method is not limited to blacks.

Inasmuch as peremptory challenges are not constitutionally required and there is of course the rigth to challenge for cause, I see no reason to continue a practice so inherently susceptible to uncheckable abuse.