what type of challenge occurs when the defense attorney, for no reason, excuses a juror

How many jurors are allowed to challenge without cause?

Entrapment occurs when law enforcement officers or government agents induce a person to commit a crime that he is not previously disposed to commit. Other common defenses in criminal cases include: alibi, consent, de minimis infraction (trivial), duress, entrapment, ignorance, mistake, insanity, necessity, protection of property, self-defense, public duty, legal impossibility, …

How does a lawyer question a juror for cause?

Under the U.S. Federal Rules of Criminal Procedure, each side in a criminal trial gets to use peremptory challenges to dismiss a certain number of prospective jurors without having to provide a reason. What is NOT a permissible reason for exercising a peremptory challenge?

When can a potential juror request a deferral or excused from jury duty?

What type of challenge occurs when the defense attorney, for no reason, excuses a juror? peremptory As a sentencing philosophy or goal, retribution seeks revenge.

Can a potential juror be dismissed for no reason?

What type of challenge occurs when the defense attorney in a criminal trial excuses a juror for no reason? Peremptory Based on Rule 702 of the Federal Rules of Evidence, which of the …

What type of challenges allow an attorney to dismiss a potential juror for no given reason quizlet?

Each side may also discharge a certain number of prospective jurors without giving any reasons; these are called peremptory challenges.

What is it called if someone is challenged with no cause or reason?

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 is a peremptory challenge example?

Typically, a lawyer who uses a peremptory challenge to remove a juror does not have to explain why they decided to do so, and is allowed to remove a juror for arbitrary reasons. A lawyer may, for example, use a peremptory challenge to remove a juror because they do not like the juror's haircut.

What does it mean if a juror was excused because of a peremptory challenge?

b. peremptory - Each side in a case has a certain number of challenges that can be used without giving a reason. These are called "peremptory" challenges. Each side may ask the judge to excuse particular jurors. If a juror is excused, this does not imply something bad and does not mean the juror is not competent.

What is a for cause challenge?

A challenge that aims to disqualify a potential juror for some stated reason. Typical reasons include bias, prejudice, or prior knowledge that would prevent impartial evaluation of the evidence presented in court. ACADEMIC TOPICS. trial process/advocacy. courts.

What is the difference between challenge for cause and a peremptory challenge?

Challenges for cause differ from peremptory challenges, which may be used by either side to remove prospective jurors for any reason. While there's no real limit to the amount of challenges for cause that may be used, the attorney must state a specific reason as to why the challenged juror can't be fair.

What is a Batson challenge?

An objection to the validity of a peremptory challenge, on grounds that the other party used it to exclude a potential juror based on race, ethnicity, or sex. The result of a Batson challenge may be a new trial. The name comes from Batson v.

What are peremptory challenges of jurors and challenges of jurors for cause?

There are certain legal grounds for which a juror might be excused, called a challenge for cause, and each side may excuse a certain number of jurors, called a peremptory challenge.

What are peremptory challenges quizlet?

peremptory challenge. allows any party to remove a prospective juror from the jury panel without giving a reason. challenge for cause. ability to exclude a prospective trial juror if bias or prejudice is indicated.

What is a peremptory challenge and why is it an important right?

Peremptory challenges allow the accused to reject potential jurors who they perceive to be implicitly or explicitly biased, particularly with respect to the accused's race, and to try to keep jurors who share the same background as the accused through the exclusion of other jurors.

What are 2 types of challenges to remove potential jurors?

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 does juror excused mean?

Application to be excused is refused When you appear in court to serve on the jury, the judge usually asks if there's any reason why someone on the jury can't serve on it. You can state your case to be excused again and the judge has discretion to excuse you.

What happens if a defendant refuses to testify?

Holding: if a defendant refuses to testify, prosecutors and judges are enjoined from even commenting on this fact, although the judge should instruct the jury that such a failure cannot be held to indicate guilt.

What is evidence that requires interpretation or that requires a judge or jury to reach a conclusion based on what the

evidence that requires interpretation or that requires a judge or jury to reach a conclusion based on what the evidence indicates . From the proximity of the defendant to a smoking gun, for example, the jury might conclude that he or she pulled the trigger.

What is hearsay in witness testimony?

something that is not based on the personal knowledge of the witness. Witness who testify about something they have hear, for example, are offering hearsay by repeating information about a matter of which they have no direct knowledge

Can you be tried for being insane?

a lack of "present sanity" can delay trial. A person cannot be tried, sentenced, or punished while insane

What is a written request to a court?

an oral or written request made to a court at any time before, during, or after court proceedings, asking the court to make a specified finding, decision, or order.

What is the initial statement of the prosecutor or the defense attorney?

the initial statement of the prosecutor or the defense attorney, made in a court of law to a judge or jury, describing the facts that he or she intends to present during the trial to prove the case.

Is peremptory challenge acceptable if based on race?

Holding: peremptory challenges in civil suits were not acceptable if based on race.

Why do lawyers question jurors?

Yet all courts provide for the questioning of potential jurors to expose reasons why the individual might not make an ideal juror—one who can be impartial and fair. 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.

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 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.

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.

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 are pretrial trials moved away from the city?

People who have watched, read, or listened to such accounts may have formed opinions that will be hard to put aside. 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 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.

How many jurors can challenge a defence in Hong Kong?

Unlike England, no statutory change has been made to abolish the right. Each party of the defence is entitled to challenge up to a maximum of five jurors without providing cause.

How many challenges does the defense get in a felony?

when indicted on a felony in the USA the defense gets 10 challenges to the prosecution's 6).

Is there a constitutional right to peremptory challenges in Illinois?

Illinois that "there is no freestanding constitutional right to peremptory challenges," even when a court was mistaken in applying Batson . Some jurisdictions have expanded the Batson rule to forbid the peremptory challenges based on gender, ethnicity, or religion. As of 2014, the 9th Circuit Court of Appeals has held that a peremptory challenge ...

What is the meaning of the term "Batson challenge"?

79 (1986). The term "Batson challenge" is used to refer to the act of arguing for the invalidity of a trial on the basis that peremptory challenges during jury selection resulted in the exclusion of a cognizable group.

Does the Virgin Islands have peremptory challenges?

United States. All jurisdictions in the United States (including the Virgin Islands) allow for peremptory challenges; the number depends on the jurisdiction and the type of case (i.e., more challenges may be permitted in a murder case than for DWI).

How many peremptory challenges are there in Canada?

The number of challenges awarded to each of the prosecutor and the defense depended on the type of charge and maximum potential sentence. Twenty challenges were awarded in cases for high treason and first degree murder, twelve challenges for offenses with a maximum penalty greater than five years, and four challenges for jury eligible offenses with a penalty of five years or less; However, in cases where the judge orders that thirteen or fourteen jurors be sworn in as opposed to the usual twelve, both the prosecution and the defense received one additional challenge per additional juror seat.

What is the criticism of jury selection?

A further criticism of this kind of jury selection is that it makes it easier to achieve a conviction, which critics argue leads to a higher chance of wrongful convictions. In most (if not all) jury systems a super-majority (or unanimity) is required to convict (e.g. in the UK over 83% of jurors are required for a conviction - a 10 to 2 majority can be accepted if a unanimous decision cannot be reached). If both sides are able to challenge jurors one would expect the prosecution to try to remove those with a general tendency to wish to acquit. Of course one would expect the defense to challenge those they think have a general tendency to convict, but if both sides do their job equally well then the tendency will be to turn what would have been a small majority (one way or the other) into a strong majority in the same direction, potentially causing the proportion to rise over the super-majority threshold required.