how many jurors may be excused by the defense and district attorney in la county

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 prosecutors excuse jurors for discriminatory reasons?

Prosecutors sometimes excuse potential jurors for what appear to be discriminatory reasons. Learn what the defense can do about it. Please answer a few questions to help us match you with attorneys in your area.

Can a defense attorney remove a juror from a case?

During jury selection in a criminal trial, the prosecution and defense have the opportunity to remove potential jurors whom they don’t want on the jury. Prosecutors and defense attorneys can use an unlimited number of “cause” challenges to eliminate jurors who aren’t qualified, able, or fit to serve in the case.

What types of jurors do prosecution cases not want?

What most prosecution cases don’t want are jurors that have connections to big corporations or insurance companies. They don’t want small business owners, HR personnel, or people who have been involved on the prosecution side of their own personal injury cases.

Can a juror be discharged during a jury trial in California?

See California Penal Code 1093 PC, Discharging jurors during a California criminal jury trial, endnote 10, above. California Penal Code 1118.1 PC — Trial by jury; entry of judgment of acquittal for insufficient evidence.

Does California law require 12 jurors?

The California Constitution does not specify the number of persons comprising a jury, but it does provide that in civil and misdemeanor cases the jury may consist of 12 or a smaller number of persons as agreed on by the parties in open court.

Who can be excused from jury duty in California?

(1) No class or category of persons may be automatically excluded from jury duty except as provided by law. (2) A statutory exemption from jury service must be granted only when the eligible person claims it. (3) Deferring jury service is preferred to excusing a prospective juror for a temporary or marginal hardship.

How many jurors have to agree in a civil case in California?

12 jurors| California Civil Court Jury Duty The instructions for a California civil jury generally differ from those given to a criminal jury. A jury for the California Superior civil court contains 12 jurors. For a conviction to be made, at least nine members of the jury must be in agreement on the verdict.

How many jurors are needed in California?

12 jurorsIn a civil case, the judge will tell you how many jurors must agree in order to reach a verdict. In a criminal case, the unanimous agreement of all 12 jurors is required.

How can I get out of jury duty in Los Angeles?

Hardship excuses may be granted for:having no reasonable transportation.excessive travel to attend.extreme financial burden.undue risk to physical property.mental or physical impairment for those over 70.no alternate care for another.

Can you be excused from jury duty if you are over 70 in California?

A: There is no age exemption for jury service. If you are 70 years of age or older, the California Rules of Court allow you to be excused due to a medical condition without a doctor's note. You must inform the court that you are not able to serve.

How often can you be called for jury duty in California?

once every 12 monthsHow Often Am I Required to Serve? There is no limit to the number of times that you may serve in a lifetime. However, you are only obligated to serve jury duty once every 12 months. Jurors who are selected and sworn as trial jurors or alternates will be excused from serving again for 36 months, upon request.

How many jurors are in a civil case?

12 membersThe 12 members of the jury should elect a foreperson, who will speak for them and present the written verdict. They will conduct deliberations in a jury room, where no outside communication is allowed.

Why are some juries 6 and some 12?

During the 1960s, court reform movements pressed to both increase the efficiency and decrease the cost of court proceedings. One primary target was the traditional jury of twelve peers, and by the late 1960s Florida passed a law that provided for juries of six in civil and criminal trials.

How many jurors are on a jury in California?

12 jurorsCalifornia is among the majority of courts that has retained 12 jurors in civil and criminal trials.

How many alternate jurors are there in California?

While there isn't an exact account of how many jurors and alternates were used in each case, court spokeswoman Mary Hearn said a good estimate is 14 per panel — 12 jurors, two alternates. Or, roughly 31,000 jurors and more than 5,100 alternate jurors.

What happens if the jury Cannot agree?

A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. Hung jury usually results in the case being tried again.

How many members are on a jury trial in California?

Most likely, that trial will be a jury trial. The jury in a California criminal jury trial is comprised of twelve members who represent a cross-section of the community in which the charged offense was committed.

What happens if a jury disagrees with the rest of the jury?

If even one member of the jury panel disagrees with the rest, the jury is hung. A “hung jury” results in either (1) a mistrial (which means the case may be retried with a new jury), (2) a plea bargain to a reduced charge that carries a lesser sentence, or (3) a dismissal of the case.

What is jury trial in California?

In California criminal cases, a jury trial is where 12 members of the community are assembled to hear the evidence and decide whether or not a defendant is guilty of the crime or crimes with which he or she is charged. All persons accused of misdemeanors or felonies are entitled to a jury trial. ...

How can a jury be waived in a civil case?

In a civil cause a jury may be waived by the consent of the parties expressed as prescribed by statute.

What is jury selection?

Jury selection. Jury selection, not surprisingly, is the process by which a jury is chosen. During jury selection, the defense attorney and prosecutor ask prospective jury members questions (known as the “voir dire”) in an effort to determine who will comprise the most favorable jury.

What is the opening statement in a case?

opening statements, evidence (also known as the prosecution and defense “cases in chief” which includes the examination and cross-examination of witnesses by both sides), closing arguments, jury deliberations, verdict, and finally, if necessary, sentencing. 9.

How many people are on a jury?

In civil causes other than causes within the appellate jurisdiction of the court of appeal the Legislature may provide that the jury shall consist of eight persons or a lesser number agreed on by the parties in open court. In criminal actions in which a felony is charged, the jury shall consist of 12 persons.

What is the crowd of people who show up at the courthouse with jury summons in hand called?

The crowd of people who show up at the courthouse with jury summons in hand are known as “venirepersons, ” which means that they are potential jurors (the group is called “the venire").

Why do lawyers not use peremptory?

Although lawyers don’t have to give a reason for using a peremptory, they may not use them in order to rid the jury of people of a certain race, religion, gender, or other protected status. If a pattern begins to emerge—the prosecutor excuses every Black juror but no White members—the judge will intervene.

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.

Why do defense attorneys use peremptories?

Convinced that the juror would not be fair , the defense attorney uses one of his peremptories to excuse her. Another theory for the use of peremptories is that by letting each side dispense with the most unacceptable members of the jury, it results in a more middle-of-the road jury, one not subject to extreme views.

Why are Venirepersons excused?

Venirepersons will be excused if they indicate that they will not convict in view of the sentence that might result. Such sentiments surface in drug use cases, for example, where some people feel quite strongly that personal use of illegal drugs should result in treatment, not incarceration.

What are personal experiences that might affect the person's ability to judge the case?

Personal experiences that might affect the person’s ability to judge the case. While a venireperson’s experience with the subject matter of the case might make that person an informed juror, it might also make him a biased one. For instance, someone who has himself been the victim of a similar crime might be prone to project his trauma onto ...

Why are notorious trials moved away from the city?

This is one reason why notorious trials are moved away from the city in which the crime allegedly occurred, in hopes that people living elsewhere may not have been exposed to such fare.

Why are some jurors dismissed?

The defense and prosecution will often dismiss prospective jurors because of family issues. They know that a juror concerned about his or her kids at home will have a harder time focusing on the details of the case. If you are a stay at home parent, you can show proof that you must be home with your children. This can include showing proof that you cannot afford a babysitter or that you have a child still nursing at home. Family issues that preclude you from serving on a jury can also include having a loved one currently in the hospital or the recent loss of a spouse or parent.

Why do people get excused from jury duty?

Economic Hardship. One of the more common reasons people are excused from jury duty is because serving on the jury presents that person with an economic hardship. If you are the sole person working in your family, you usually cannot take time off work to serve on a jury.

What do jurors ask about their opinions?

During the jury selection process, both sides will ask prospective jurors about their personal thoughts and opinions. Anyone who has a strong opinion that relates to the case will generally receive a dismissal. For example, a potential juror might believe that women are bad drivers. In a case involving a female driver, the defense attorney will request that individual’s dismissal from the case. Most people excused from jury duty because of this reason have strong opinions that one or both sides think will not change over the course of the trial.

What happens if you get a felony?

When you receive a felony conviction, you will typically lose some of your civil rights, including your right to vote and your right to sit on a jury. When the jury selection process first begins, make sure that you inform both sides of your criminal record.

Who is exempt from jury duty?

United States Court points out that government workers, active duty military personnel, firefighters and police officers are exempt from jury duty too. The government sends out jury duty notices to American citizens every day to keep the criminal justice system moving smoothly. Though you may worry about taking time away from work ...

Is jury duty a privilege?

Jury duty is a right and a privilege, but there are some reasons people are excused from jury duty. Juries are an important part of the criminal justice system in America.

How many people can be on a jury?

And although 12-member juries are required for federal crimes, judges in district courts may allow a jury of 11 people to return a verdict if it has found it necessary to excuse a juror after the start of deliberations (Fed. Rules Crim. Proc., rule 23 (b) (2019)).

Why do judges remove jurors?

But even after members of the jury are selected and the trial has started, the judges may decide that it’s necessary to remove a juror because that person is not qualified or able to continue serving.

What happens if there are no alternate jurors?

If no alternate jurors are available, the defendant and the prosecutor may agree to continue the trial with a smaller jury. Even without the defendant’s agreement, the judge may proceed with a reduced jury if it’s allowed in that jurisdiction. Not all states require a jury of 12 for all crimes.

Why are jury members removed from the jury?

Jurors may be removed if they’ve obviously made up their minds ahead of time and simply refuse to engage in jury deliberations—but not because they seem to be relying on faulty logic during deliberations, or they disagree with the rest of the jury about what the evidence shows or how the law should be applied.

What happens after a jury is removed from a trial?

After removing a juror, a judge will move ahead in one of three ways: by replacing the juror, continuing the trial with a smaller jury, or declaring a mistrial.

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 ...

What is the leeway of a judge?

Judges have considerable leeway (“discretion,” in legal jargon) when removing jurors. That means circumstances or conduct that lead to disqualification in one court may not have that result in another court, and an appellate court will ordinarily defer to the judge’s decision.

Why do lawyers pick jurors?

Selecting the jury is the only time an attorney has the opportunity to discover the life experiences, biases, beliefs, and attitudes of the people who will decide their case. The last thing any attorney wants is for bias to come out during the trial. Thus, how lawyers pick jurors is an essential indicator of the experience and knowledge ...

What is the good and bad about a plaintiff juror?

When the plaintiff picks jurors, they’re looking for those who are very sympathetic, who are willing to view the prosecution as the victim in the case. Very often, union employees make for good prosecution jurors as they are used to fighting injustice.

What is the purpose of a plaintiff telling a jury a story?

The plaintiff will tell a jury a story of how their client was victimized by the defense, how they’ve suffered at the hands of the defendant.

What is a voir dire?

Voir Dire is the process of interviewing potential jurors, a preliminary interview where each side gets to talk to the jury. This is a key part of how lawyers pick jurors. It affords the attorney the opportunity to work out bias, pick those jurors that will most benefit their case, and eliminate those who present a danger or a problem.

What does "undesirable" mean in jury selection?

In this case, “undesirable” means people who are likely to sympathize with the defense.

What is jury selection?

Jury selection is a bit like ping pong, volleyball or tennis game where there’s no out of bounds. The ball is always in motion, and there’s a constant back-and-forth going, where it’s important to always react to what you’re getting, without hesitation.

What is the difference between winning and losing a case?

Picking the right jury is the difference between winning and losing a case. The greatest mistake that an attorney will make is trying to find a jury that’s biased towards their side, rather than trying to find one that’s as impartial as possible. Trying to find a jury that’s anything less than fair can be a fast path to losing a case , and a good lawyer knows this.

How to prove that a prosecutor's dismissal of a juror was discriminatory?

In order to show that the prosecutor's dismissal of a juror was discriminatory, a defendant must show that it was based on race, ethnicity, or gender. (It's not a violation for the prosecution to dismiss someone because of other characteristics such as religious denomination and social club membership.)

What evidence is there that a prosecutor has made biased statements during jury questioning?

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.

What does the judge decide when a peremptory challenge is purposefully discriminatory?

The judge must decide whether the challenge was purposefully discriminatory. If the judge decides that the prosecutor sufficiently explained the peremptory challenge, then the defendant must prove that the explanation is disingenuous. Otherwise, the judge won't find a Batson violation.

What happens if a jury is excluded based on group bias?

The exclusion of even one juror based on group bias is enough to constitute a Batson violation. The consequences of a violation depend upon when the defense proves it. If the defendant proves a Batson violation during jury selection, the usual remedy is to dismiss the entire panel of potential jurors, declare a mistrial, and select a new jury. Alternatively, a judge can decide to include the challenged juror in the jury, or to give the defendant additional peremptory challenges.

What happens if a defendant proves a Batson violation?

If the defendant proves a Batson violation during jury selection, the usual remedy is to dismiss the entire panel of potential jurors, declare a mistrial, and select a new jury. Alternatively, a judge can decide to include the challenged juror in the jury, ...

Why is it important to note that judges afford prosecutors considerable leeway in explaining challenges to jurors?

It's important to note that judges afford prosecutors considerable leeway in explaining challenges to jurors. If, for example, a prosecutor mistaken ly attributed the statement of one juror to another, the judge may find that there hasn't been purposeful discrimination. A judge may also determine that a dismissal wasn't made for discriminatory reasons because the prosecutor accepted other jurors of the same race, ethnicity, or gender as the dismissed juror.

What are the bases for peremptory challenges?

having been a victim of a similar crime as the one at issue in the trial. A potential juror's immaturity, lack of respect for authority, and lack of life experience are also legitimate bases for peremptory challenges.

Your Right to a Trial by Jury

Your right to a trial by jury is found in the 6th Amendment to the U.S. Constitution, which reads as follows:

How Are Potential Jury Members Selected?

In the State of Nebraska, a jury will consist of either 6 or 12 people, depending on the level of the offense. More serious offenses will have a 12-member jury while less serious offenses are made up of a jury of just 6 people, along with an alternate juror.

Contact Us

If you are currently facing criminal charges in the State of Nebraska, it is certainly in your best interest to consult with an experienced Nebraska criminal defense attorney right away. In Nebraska contact the criminal defense attorneys at Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case.

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