term for when an attorney gets rid of a juror

by Prof. Dovie Borer 3 min read

peremptory strike

When a lawyer removes a potential juror without stating a reason it is called?

A peremptory challenge results in the exclusion of a potential juror without the need for any reason or explanation - unless the opposing party presents a prima facie argument that this challenge was used to discriminate on the basis of race, ethnicity, or sex. See Batson challenge.

What are the two methods used by defense attorneys and prosecutors to remove a potential juror from the jury?

After questioning prospective jurors, each side's attorney may challenge certain jurors using two types of challenges: "for cause" and "peremptory." By challenging a juror, the attorney is asking the judge to excuse that juror from the panel.

What is an example of a peremptory challenge?

Peremptory Challenge and Juror Bias Potential jurors may inherently be biased against certain acts or people. For instance, a retired police officer may not be able to serve impartially in a trial for a defendant accused of shooting a police officer while trying to escape a drug house.

Who can remove potential jurors from the pool?

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 does the French term voir dire mean?

to speak the truthFrench for "to speak the truth." The process through which potential jurors from the venire are questioned by either the judge or a lawyer to determine their suitability for jury service. Also the preliminary questioning of witnesses (especially experts) to determine their competence to testify.

When an attorney takes a case for free it is called?

The term pro bono is used primarily in the legal profession. Lawyers who serve the public interest by providing free legal services to those in need do so on a pro bono basis.

What are two ways to eliminate potential jurors?

One is a peremptory challenge, for which no reason has to be given, but it can't be based on race, religion or ethnicity, and there are a limited amount these (usually nine). The other is a removal for cause challenge, on grounds that the person can't be impartial based on bias or conflict. These are unlimited.

What may be some reasons for removing potential jurors?

Statutory grounds for juror disqualification include a juror who is a non-citizen, a convicted felon, a non-resident of the jurisdiction, or someone who is unable to understand or communicate in English.

What does deadlocked mean in a trial?

When there are insufficient jurors voting one way or the other to deliver either a guilty or not guilty verdict, the jury is known as a “hung jury” or it might be said that jurors are “deadlocked”. The judge may direct them to deliberate further, usually no more than once or twice.