As a result, the now preferred method of handling waived challenges is to let the other side finish its challenges and then randomly eliminate jurors to get to the number needed.

The Justices agreed to decide whether defendants in criminal cases should retain the freedom to use their peremptory challenges to eliminate prospective jurors on the basis of race.

But District Attorney Chris Galanos opposed the use of strikes to eliminate black jurors.

A simple questionnaire that focused on past experiences might perhaps eliminate such jurors.

Those Justices prevailed Monday in ruling that prosecutors may not eliminate potential jurors on the basis of race.

Judge Lynch declined to eliminate several jurors who he said had disliked Ms. Jones's "fashion sense," but they were struck from the pool by government and defense lawyers.

Justice Demakos said he would demand that the defense give a nonracial reason for eliminating prospective black jurors if such dismissals prompt new allegations of bias, presumably by the prosecutor.

Test for Prosecution Peremptory jury challenges, a traditional part of the Anglo-American legal system, enable both prosecution and defense to eliminate potential jurors without giving a reason.