The United States Supreme Court has restricted attorneys from considering the genderand race of potential jurors in their use of peremptory challenges—the practice bywhich jurors may be removed from a jury without explanation or evidence of potentialbias. We propose that forbidding peremptories based on social category information notonly fails to decrease biased jury selection, but also encourages attorneys to search—successfully—for neutral justifications for their biased decisions. In Study 1, partici-pants who acted as prosecutors in a jury selection paradigm eliminated female jurorsmore often than male jurors, but then justified these biased choices by citing gender-neutral information. Troublingly, Study 2 showed that explicit instructions against theuse of gender failed to eliminate selection bias, and in fact resulted in even moreelaborate justifications. Copyright #2007 John Wiley & Sons, Ltd.
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Oct 10, 2020 · Question 35 2 out of 2 points Where a prosecuting attorney has removed some prospective jurors based on race or gender: Selected Answer: the rights to equal protection of the law of the prospective jurors have been violated by the government.
Where a prosecuting attorney has removed some prospective jurors based on race or gender. A) a legal wrong will occur only if a member of the defendant's race and gender has been improperly removed from jury service. B) no harm has been constitutionally done because other jurors, regardless of race or gender, will be able to render a fair verdict. C) the trial judge may remedy …
Dec 06, 2021 · Barton was the prosecuting attorney in the criminal trial of Anthony Lenaire Curry, a Black man. Three young college students were in the jury pool: two of them were white. The third was Black—and he was the only Black person in the jury selection that day. The law allows prosecutors to use a certain number of “peremptory strikes” to remove a juror for little or no …
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.
Juries composed solely of one racial group are legal in the United States. While the racial composition of juries is not dictated by law, racial discrimination in the selection of jurors (regardless of the jury's ultimate composition) is specifically prohibited.
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.
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.Sep 9, 2019
voir dire. -pretrial jury screening process. -where bias potential jurors may be removed for cause. peremptory challenges.
When a prospective juror in a criminal trial is legally challenged for any legal non-discriminatory reason, it is called a: Peremptory challenge.
During the jury selection process, after voir dire, opposing attorneys may request removal of any juror who does not appear capable of rendering a fair and impartial verdict, in either determining guilt or innocence and/or a suitable punishment.
A party may challenge an unlimited number of prospective jurors for cause. Parties also may exercise a limited number of peremptory challenges. These challenges permit a party to remove a prospective juror without giving a reason for the removal. Peremptory challenges provide a more impartial and better qualified jury.
There are several ways for criminal defendants to convince a prosecutor to drop their charges. They can present exculpatory evidence, complete a pretrial diversion program, agree to testify against another defendant, take a plea deal, or show that their rights were violated by the police.Jul 14, 2021
No likelihood of success. Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.
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 potential jurors questions to determine if they are competent and suitable to serve in the case.
Do not discuss the trial with anyone until it's finished, except with other jury members in the deliberation room. After the trial you must not talk about what happened in the deliberation room, even with family members.
In voir dire, the attorneys question prospective jurors to determine whether they are biased or have any connection with a party to the action or with a prospective witness.