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.
However, the U.S. Supreme Court has held that peremptory challenges cannot be used to systematically strike prospective jurors from the panel on the basis of race (Batson v. Kentucky, 1986) or gender (J.E.B. v. Alabama ex rel T.B., 1994). In Batson, the court outlined a three-step approach for analyzing challenges to peremptory strikes.
These additional challenges may be used only to remove alternate jurors. (A) One or Two Alternates. One additional peremptory challenge is permitted when one or two alternates are impaneled. (B) Three or Four Alternates. Two additional peremptory challenges are permitted when three or four alternates are impaneled. (C) Five or Six Alternates.
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 …
Oct 28, 2014 · Selection of the Trial Jury: Peremptory Challenges . 7.1 Scope of Chapter 7-1. ... In criminal cases, parties may challenge jurors for cause during jury selection (for example, when a juror expresses an inability to be fair and impartial) or may use a certain ... Under this approach, an attorney may establish a violation by showing that the ...
Rule 23 (b) provides that in some circumstances a verdict may be returned by eleven jurors. In addition, there may be cases where it is better to retain the alternates when the jury retires, insulate them from the deliberation process, and have them available should one or more vacancies occur in the jury.
The language of Rule 24 has been amended as part of the general restyling of the Criminal Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only, except as noted below.
As currently written, Rule 24 (c) explicitly requires the court to discharge all of the alternate jurors—who have not been selected to replace other jurors— when the jury retires to deliberate. That requirement is grounded on the concern that after the case has been submitted to the jury, its deliberations must be private and inviolate. United States v. Houlihan, 92 F.3d 1271, 1285 (1st Cir. 1996), citing United States v. Virginia Election Corp ., 335 F.2d 868, 872 (4th Cir. 1964).
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.
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.
Those not selected are excused. Once impaneled, the jurors’ role is to listen to the evidence conscientiously and not draw premature conclusions.
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. ...
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.
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.
Supreme Court has recognized that “peremptory challenges constitute a jury selection practice that permits those to discriminate who are of a mind to discriminate.” Batson v. Kentucky, 476
CONTINUING LEGACY 9 (2010). The Civil Rights Act of 1875 outlawed racial discrimination in jury service and, in 1880, the U.S. Supreme Court overturned a West Virginia statute restricting jury service to Whites. Strauder, 100 U.S. 303, 308 (holding that racial discrimination in jury selection compromises the right of trial by jury and violates the Equal Protection Clause); see also Batson, 476 U.S. 79, 89 (“The principles announced in Strauder never have been questioned in any subsequent decision of this Court.”). In practice, however, the Civil Rights Act of 1875 was rarely enforced, and the Strauder holding was circumvented by the replacement of statutes restricting jury service to Whites with statutes that, while race-neutral on their face, had the effect of excluding African Americans from jury service. For example, laws restricting jury service to eligible voters resulted in all-white juries when voting was restricted to those who could pass a literacy test and pay a poll tax. See Williams v. Mississippi, 170 U.S. 213 (1898). In addition, local officials excluded African Americans from jury service based on vague jury service requirements such as intelligence or good character. See, e.g., State v. Speller, 229 N.C. 67, 69 (1948) (“The Chairman of the Board of [Bertie] County Commissioners testified that there had been ‘no discrimination at all’ in the selection of persons to serve on juries; that he had never ‘known a Negro’s name to be on the list of persons chosen for [service] on a grand or petit jury’, but that all rejections were for want of good moral character and sufficient intelligence.”); see also EQUAL JUSTICE
The Batson rule applies to defendants as well as to the State. The Equal Protection Clause prohibits criminal defendants from exercising peremptory strikes in a manner that discriminates on the basis of race, gender, or other suspect characteristic. Georgia v. McCollum, 505 U.S. 42 (1992); accord State v. Locklear, 349 N.C. 118 (1998) (citing McCollum); State v. Cofield, 129 N.C. App. 268 (1998) (same).
The U.S. Supreme Court has held that racial and ethnic discrimination in the exercise of peremptory challenges violates the Equal Protection Clause of the Fourteenth Amendment . Batson v. Kentucky, 476 U.S. 79 (1986); Hernandez v. New York, 500 U.S. 352 (1991). Discrimination in jury selection also violates article I, section 26 of the N.C. Constitution, which provides that no person may be “excluded from jury service on account of sex, race, color, religion, or national origin.” See State v. White, 349 N.C. 535 (1998) (racial discrimination in jury selection violates both state and federal constitutions). The North Carolina Supreme Court has held that the test for proving a violation of article I, section 26 of the N.C. Constitution is identical to the three-part test in Batson. State v. Augustine, 359 N.C. 709, 715 (2005).
In the third step of a Batson challenge, the trial judge assesses the State’s proffered reason and determines whether the defendant has met the burden of proving purposeful discrimination. Before the trial judge makes this determination, the defendant is entitled to an opportunity to rebut the proffered race-neutral reasons for excusing the juror. See, e.g., State v. Gaines, 345 N.C. 647, 668 (1997); State v. Peterson, 344 N.C. 172 (1996). If the judge finds that the prosecutor’s proffered reasons are pretextual and the real reason for the strike is discriminatory, the judge must find an equal protection violation. Hernandez, 500 U.S. 352, 359; Gaines, 345 N.C. 647, 668. “At [this] stage, implausible or fantastic justifications may (and probably will) be found to be pretexts for purposeful discrimination.” Purkett, 514 U.S. 765, 768 (1995).
A prospective juror will never receive notice of jury service by phone. All of the necessary instructions will be provided on the summons.
If there are remaining potential jurors left, they will be excused. Jury selection has been completed and the next phase of the trial will commence.
The jury summons most likely will provide information about exemptions from jury service. These exemptions typically include: 1 Under the age of 18 2 Not a U.S. citizen 3 Have been convicted of a disqualifying felony 4 Not a resident of the county any more 5 Request to be Excused or Disqualified 6 Have a mental or physical disqualifying condition
The right to a jury trial for a serious criminal charge is guaranteed by the Constitution. Juries are also guaranteed in certain civil matters at the federal level and in most states. A jury is charged with finding the facts of the case after carefully reviewing the evidence and deliberating. But how are jurors selected ...
If you fail to show up for jury service, the judge can issue a bench warrant. This is an arrest warrant that authorizes the police to arrest you. As a first offense, the punishment is typically a fine, but do it again and you are probably looking at jail time.
"Voir Dire" refers to the second stage of jury procedures, and is the process by which the court and the attorneys narrow down the pool of jurors to the 12 people that will decide the case.
The process for voir dire varies from state to state, and even from judge to judge. Normally, however, the judge and attorneys will interview each juror about their backgrounds and beliefs. Sometimes this happens in front of the rest of the jury pool, sometimes this happens in private.
Jury Selection. During a criminal trial a judge or jury examines the evidence presented by the defense and prosecutors to decide whether, “beyond a reasonable doubt,” a defendant committed a crime. A fair trial allows for the government and the defendant to argue their sides of the case. When a criminal case is tried before a judge and not a jury, ...
Once a jury is selected, alternate jurors are selected in case a regular juror needs to be replaced because of inability to perform jury duty. Alternate jurors are questioned and selected in the same manner as the regular jurors.
A fair trial allows for the government and the defendant to argue their sides of the case. When a criminal case is tried before a judge and not a jury, the judge decides all issues of law and fact. In a jury trial, however, a fair trial starts with picking a fair jury.
A criminal jury trial typically has seven phases: Choosing a Jury. Opening Statements. Witness Testimony and Cross-Examination. Closing Arguments. Jury Instruction. Jury Deliberation and Announcement of Verdict. Punishment Hearing. (Note that criminal trials will not all have seven phases.
The first step of a criminal trial is to select the jury. During jury selection, the judge, the prosecutor (representing the government), and the defendant (through his or her lawyer) screen potential jurors from a pool of jurors. Once a jury pool is formed the potential jurors are summoned to the courthouse on a particular date and time.
Once in the courtroom, the jury selection process begins with questioning. This process of questioning to determine any potential biases is called “voir dire.”. During jury selection, the judge, prosecutors, and defense team ask potential jurors about any beliefs or life experiences that may cause them to be biased as jurors.
This is called dismissing “for cause.”. The prosecutor may also ask for specific jurors to be dismissed for cause. Attorneys are given unlimited challenges for cause.
Attorneys may use peremptory challenges to remove jurors based on their propensity to side against their clients.
The process of jury selection is called "voir dire," and the role of an attorney is to identify which potential jurors will be helpful to their cases and which jurors may hold a bias toward their clients.
Importance. Jury selection is one of the most important tasks an attorney performs when preparing for trial. If an attorney allows his opponent to dominate the jury selection process, it is possible that the case could be lost due to prejudice before the trial even begins. Attorneys typically like to select jurors that they believe will be ...
Process. During the voir dire process an attorney may challenge a prospective juror for cause or by way of a peremptory challenge. If using a challenge for cause the attorney must show that the prospective juror holds a bias against his client, or that the prospective juror has an intimate relation to the case that could compromise the trial. ...
Peremptory Challenges. A peremptory challenge can be used to eliminate a juror without giving a justification for why that juror is being dismissed. Attorneys are only given a limited number of peremptory challenges, so they must be used wisely when selecting a jury.
During the voir dire process an attorney may challenge a prospective juror for cause or by way of a peremptory challenge. If using a challenge for cause the attorney must show that the prospective juror holds a bias against his client, or that the prospective juror has an intimate relation to the case that could compromise the trial. For example, if the juror is related to the judge or the prosecutor, that juror should be dismissed for cause.
No reason is required for a lawyer to use a peremptory challenge to excuse a potential juror. Such challenges allow each side to dismiss jurors who are otherwise qualified, but appear likely to favor the opposing party. However, peremptory challenges cannot be used to exclude jurors on the basis of race or class.
However, peremptory challenges cannot be used to exclude jurors on the basis of race or class. Lawyers only have a specified number of peremptory challenges available— that number varies from state to state and depending on the nature of the case (a misdemeanor, felony, or death penalty trial).
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 ...
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.
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 .
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.
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.