how many jurors can attorney dismiss

You see, each attorney gets to remove a certain number of jurors. I can remove three jurors for any reason. If I choose to remove any three jurors, I simply whip out my "Remove this juror" card and away they go, back to the jury room.

Full Answer

Can a defense attorney remove a juror from a case?

Whoever is left over, sits on the jury. You see, each attorney gets to remove a certain number of jurors. I can remove three jurors for any reason. If I choose to remove any three jurors, I simply whip out my "Remove this juror" card and away they go, back to the jury room. I don't have to tell anyone why I removed this juror either. How cool is that?

How many jurors are there in a criminal case?

Answer (1 of 5): “The the process known as “striking a jury,” the prosecution and defense take turns arguing their challenges for cause. If the judge grants a challenge, the juror will be struck from the jury panel. Once there are no more viable challenges for cause, the sides alternate in …

Can a judge dismiss a juror for cause?

Juries of six to twelve persons are selected from the jury pool. The size of jury varies from state to state and depends to some extent on the type of case at trial. In civil cases, especially in courts of limited jurisdiction, the standard size in many jurisdictions is becoming six, which can be increased by stipulation of both parties. In misdemeanor cases there are sometimes fewer …

What happens if there are too many potential jurors?

To that end, lawyers and the judge question each would-be juror, looking for evidence of impermissible bias. When such bias is uncovered, the individual will be excused “for cause,” which means that the lawyer making the challenge can articulate to the judge an acceptable reason for rejecting that person.

How many jurors are needed for a trial?

Steps in a Trial 1 In civil cases, especially in courts of limited jurisdiction, the standard size in many jurisdictions is becoming six, which can be increased by stipulation of both parties. 2 In misdemeanor cases there are sometimes fewer than twelve jurors, though in serious criminal cases twelve jurors are generally required. 3 The old requirement that juries be unanimous is also changing. In misdemeanor and civil cases particularly, states often provide for verdicts based on the agreement of three-fourths or five-sixths of the jurors.

What is the role of a jury in a court case?

Those not selected are excused. Once impaneled, the jurors’ role is to listen to the evidence conscientiously and not draw premature conclusions.

How many jurors are there in a misdemeanor case?

In misdemeanor cases there are sometimes fewer than twelve jurors, though in serious criminal cases twelve jurors are generally required. The old requirement that juries be unanimous is also changing. In misdemeanor and civil cases particularly, states often provide for verdicts based on the agreement of three-fourths or five-sixths of the jurors. ...

Why are alternate jurors selected?

Alternate jurors are selected in some cases to take the place of jurors who may become ill during the trial. Alternate jurors hear the evidence just as the other jurors do, but they don’t participate in the deliberations unless they replace an original juror.

Can a juror be dismissed for cause?

For example, a juror can be dismissed for cause if he or she is a close relative of one of the parties or one of the lawyers, or if he or she works for a company that is part of the lawsuit. Each lawyer may request the dismissal of an unlimited number of jurors for cause.

Can a lawyer dismiss a jury?

Each lawyer may request the dismissal of an unlimited number of jurors for cause . Each request will be considered by the judge and may or may not be allowed. In addition to challenges for cause, each lawyer has a specific number of peremptory challenges.

Can a judge reject a juror?

Lawyers can ask a judge to reject potential jurors who are biased or incapable of following the law. They can also toss a certain number of unbiased jurors for almost no reason at all…as long as it’s not an improper reason.

What is a peremptory challenge?

These are known as peremptory challenges, which are ways to get rid of jurors who present no obvious evidence of bias or unsuitability.

What is pretrial publicity?

Criminal cases sometimes generate extensive pretrial publicity, with talking heads expounding on the evidence, the defendant, and the probable outcome of the case. People who have watched, read, or listened to such accounts may have formed opinions that will be hard to put aside.

What happens after a trial?

After a trial has started, a judge may dismiss a juror who’s disqualified or unable to continue serving on the jury. Learn about the valid reasons and procedure for removing and replacing jurors, and what happens when no alternates are available. One of the cornerstones of the U.S. criminal justice system is the constitutional right ...

Can a judge dismiss a jury?

After a trial has started, a judge may dismiss a juror who’s disqualified or unable to continue serving on the jury. Learn about the valid reasons and procedure for removing and replacing jurors, and what happens when no alternates are available. By E.A. Gjelten, Legal Editor. Updated: Feb 27th, 2019.

What is the constitutional right to a fair trial?

Updated: Feb 27th, 2019. One of the cornerstones of the U.S. criminal justice system is the constitutional right to a fair trial with an impartial jury. The process of selecting a jury (known as voir dire) is meant to weed out potential jurors who can’t or won’t be fair. But even after members of the jury are selected ...

When do you have to remove a juror?

At any point after a criminal trial starts , a judge must remove any juror when it becomes clear that the person is disqualified for any of the “for cause” reasons for disqualifying potential jurors before trial, including: refusal or inability to follow the law.

What factors are considered when making a decision?

When making that decision, courts will consider several factors, including: whether the judge had instructed the alternate jurors to avoid news and other outside information about the trial, and. after the alternate is appointed, whether the judge told the jury to start anew with its deliberations.

Can a judge declare a mistrial?

However, judges are generally loathe to declare a mistrial, which stops the trial without a verdict and may lead to the prosecutor to seek a new trial. Still, if no alternate jurors are available and continuing with a smaller jury isn’t a legal option, the judge must declare a mistrial.

Can a judge dismiss a juror?

Judges will also dismiss jurors who can't put aside their feelings and apply the law impartially—that is, without actual or implied bias. Actual Bias. Actual bias arises when potential jurors admit that they wouldn't be able to be impartial.

How many jurors are needed for a trial?

The states vary in the number of jurors required for a jury, ranging from six to 23. If too many potential jurors have been eliminated after the use of challenges, the judge can either summon additional potential jurors or declare a mistrial.

What is the right to trial by jury?

The right to trial by jury in criminal cases is guaranteed by the Sixth Amendment to the U.S. Constitution, as well as the laws of every state. (See The Right to Trial by Jury .) Lawyers and judges select juries by a process known as "voir dire," which is Latin for "to speak the truth.". In voir dire, the judge and attorneys for both sides ask ...

What is the process of striking a jury?

In the process known as "striking a jury," the prosecution and defense take turns arguing their challenges for cause. If the judge grants a challenge, the juror will be struck from the jury panel.

What is a voir dire?

The trial judge begins voir dire by asking the prospective jurors questions to ensure that are they are legally qualified to serve on a jury and that jury service would not them cause undue hardship .

What is a challenge for cause?

Challenges for Cause. Challenges for cause are made when voir dire reveals that a juror is not qualified, able, or fit to serve in a particular case. Lawyers generally have an unlimited number of "for cause" challenges available.

How old do you have to be to be a juror?

In order to serve as a juror, a person must be a U.S. citizen, over the age of 18 , live in the court's jurisdiction, and have the right to vote. Also, each person must be able to physically sit through the entire trial as well as hear and understand the trial testimony.

Why are jurors biased?

Since there are many ways in which a potential juror may be biased, there are many legitimate reasons for challenging a juror. These include: 1 exposure to pretrial publicity 2 negative experiences with the criminal justice system, and 3 having been a victim of a similar crime as the one at issue in the trial.

What are the factors that affect jury selection?

Evidence that a prosecutor has made biased statements during jury questioning, asked very different questions of minorities than of white jurors, or used a disproportionate number of peremptory challenges on minorities provides strong support for a prima facie case of jury discrimination. Other factors that will affect a judge's determination include whether: 1 race, ethnicity, or gender are issues in the case—for example, if the defendant is a minority and the victim is not 2 the defendant is a member of the same racial, ethnic, or gender group as the challenged juror, and 3 minority jurors who had similar characteristics and beliefs as non-minority jurors were excused, while the non-minority jurors weren't.

Which amendment protects the right of a criminal defendant to a jury selection process that is free from ra

While both the prosecution and the defense have the right to an impartial jury, the Equal Protection Clause of the Fourteenth Amendment protects the right of a criminal defendant to a jury selection process that is free from racial, ethnic, or gender discrimination. In Batson v. Kentucky, the U.S. Supreme Court created a process to determine whether the prosecution has removed a juror due to discriminatory bias. (476 U.S. 79, 89 (1986).) This process, called a " Batson challenge," involves the following steps.

What is the Batson challenge?

This process, called a " Batson challenge," involves the following steps. The defendant must present enough evidence to suggest that the prosecutor made the challenge because of discrimination. The prosecutor must provide a legitimate, non-discriminatory explanation for the challenge.

What does the judge do after hearing from the parties?

After hearing from the parties, the judge must decide whether the defendant has proven that the prosecutor discriminated on an improper basis. The judge will evaluate the defense attorney's and prosecutor's arguments, including the persuasiveness of the prosecutor's explanation for the challenge.

What is the benefit of the doubt?

Benefit of the doubt. It's important to note that judges afford prosecutors considerable leeway in explaining challenges to jurors. If, for example, a prosecutor mistakenly attributed the statement of one juror to another, the judge may find that there hasn't been purposeful discrimination.