CHALLENGE, originally, an accusation, charge or claim. A challenge to jurors is an objection either to the whole panel or array, that is, the whole body of jurors returned, or to the polls, that is, to the jurors individually; and it is either peremptory, that is, without assigning any reason, or for cause assigned. A peremptory challenge is allowed to be made only by the party accused, and not by the gov ernment or prosecuting officer, and only in cap ital cases; and is said to be permitted on the ground that a man is liable to conceive a prej udice against another from his mere looks and appearance, for which he can give no reason: and such may be the case of the accused; and it is conceded, in favor of life, that in such case he may exclude the juror without assign ing any reason; and also on the ground that, by questioning a juror as to any objection to him, his prejudice may be excited thereby against the prisoner, who, to save himself from the effect of such prejudice, is permitted to have him rejected. The ground on which peremp tory challenge is allowed supposes the prison er's life to be in danger, and he is not entitled to it if he pleads in bar or abatement, for the trial of these pleas does not decide on his life. He must, before making such challenge, plead not guilty,'" or some plea the trial of which decides on his life. Having pleaded such a plea, the accused might, by the common law, peremptorily challenge 35 jurors; but the stat ute 22 Hen. VIII c. 14 limited the number to 20 in felony. The regulating statute now in force in Great Britain is 6 Geo. IV c. 1.
the law of the United States a peremptory ch:1 lenge of 35 jurors is allowed in trials for trea son, and 20 in those cases of felony mentioned in the statute. A challenge of the whole panel may be made because the jury is illegally drawn or summoned, whereby it is not a legal jury; and a challenge of this description may be made by the government as well as by the prisoner. Challenge to the polls may be made both in civil and criminal suits for cause, as that the juror is an alien, not from the proper district, not duly qualified as a freeholder, not of suitable age, etc., or is near of kin to one of the parties, is biased, has been guilty of felony, is interested, or is subject to any other exception, according to the common principles of proceeding or the provisions of any statute on the subject. In courts-martial a prisoner who objects to either of the judges must assign his reasons. In other words peremptory chal lenges are not allowed in these courts. The privilege of challenging here belongs equally to the prisoner and the prosecutor. The right of challenging the member of a court-martial prevails on the continent of Europe, as well as in England and America.
A challenge to fight a duel is punishable in England with fine and imprisonment. The tendency of modern statutes in the United States is to subject all connected with a challenge to serve criminal punishment, and to declare their ineligibility to any public office, either for life or for a limited term. See DUEL.