Davis v. Maryland12/9/1993
ioning in the criminal context. The populace clearly decided, as a matter of state law and policy, that any potential benefits to criminal defendants due to expansive questioning of prospective jurors was outweighed by the burdens imposed upon their State's system of justice. California's reaction to expanded voir dire reinforces our view that we should not change Maryland's current voir dire practices.
Finally, we note that a litigant's unbridled use of peremptory challenges has come under intense scrutiny and is the subject of some criticism. See Batson v. Kentucky, 476 U.S. 79, 107, 106 S.Ct. 1712, 1728, 90 L.Ed.2d 69, 94 (1986) (Marshall, J., concurring) ("The inherent potential of peremptory challenges to distort the jury process by permitting the exclusion of jurors on racial grounds should ideally lead the Court to ban them entirely from the criminal justice system."); Gilchrist v. State, 97 Md. App. 55, 78, 627 A.2d 44, 55 (1993) (Wilner, C.J., concurring) (stating that, in light of Batson, peremptory challenges should be eliminated as a matter of public policy due to the fact that "precious judicial time and resources are being sidetracked . . ."); People v. Bolling, 79 N.Y.2d 317, 326, 582 N.Y.S.2d 950, 956, 591 N.E.2d 1136, 1142 (1992) (Bellacosa, Titone, JJ., & Wachter, C.J., concurring) (Where several judges invited the legislature to abolish peremptory challenges, stating "peremptories have outlived their usefulness and, ironically, appear to be disguising discrimination -- not minimizing it . . . ."). Peremptory challenges have even been abolished in England, the birthplace of the
peremptory challenge. See generally Raymond J. Broderick, Why the Peremptory Challenge Should Be Abolished, 65 Temple L.Rev. 369 (1992). Peremptory challenges have also been criticized for allowing jury selection based on stereotypes. An example of these stereotypes, which might be considered offensive today, can be found in Clarence Darrow's approach to jury selection:
"'Never take a German; they are bullheaded. Rarely take a Swede; they are stubborn. Always take an Irishman or a Jew; they are the easiest to move to emotional sympathy. Old men are generally more charitable and kindly disposed than young men; they have seen more of the world and understand it.'"
Robert F. Hanley, Getting to Know You, 40 Am.U.L.Rev. 865, 865-66 (1991) (quoting The Oxford Book of Legal Anecdotes 101 (M. Gilbert 1986)).
The number of peremptory challenges available to litigants is regulated by the legislature. See Md.Code (1974, 1989 Repl.Vol.), Courts and Judicial Proceedings Art., § 8-301. The future of peremptory challenges is a legislative question. If the General Assembly wishes to expand or contract those statutory rights or the manner in which they are exercised, it may do so. Until such time, we will continue to follow the principles adopted in Handy and Whittemore and applied consistently for the greater part of this century. See Bowie v. State, 324 Md. 1, 595 A.2d 448 (1991); Bedford v. State, 317 Md. 659, 566 A.2d 111 (1989); Couser v. State, 282 Md. 125, 383 A.2d 389, cert. denied, 439 U.S. 852, 99 S.Ct. 158, 58 L.Ed.2d 156 (1978); Langley v. State, 281 Md. 337, 378 A.2d 1338 (1977); Kujawa v. Baltimore Trans. Co., 224 Md. 195, 167 A.2d 96 (1961); McGee v. State, 219 Md. 53, 146 A.2d 194 (1959); Corens v. State, 185 Md. 561,
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