why might an attorney use a peremptory challenge

by Green Walker 4 min read

A peremptory challenge may be used to dismiss a possible juror who demonstrates a bias concerning the issues that will be discussed over the course of the trial. A peremptory challenge is one that attorneys use to dismiss a potential juror who may not be sympathetic to the point of one side or the other.

First, a challenge for cause requires a legal basis for a juror's disqualification, such as bias, inability to understand the trial or communicate with jurors. A lawyer may generally use a peremptory challenge without giving a reason.

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What is a peremptory challenge in a civil case?

What reasons might an attorney use a peremptory challenge? The rationale behind allowing peremptory challenges is to give the attorneys an opportunity to seat the best jury for each case . Since each side will reject the jurors that they presume will favor the other side, the result should be a well-balanced jury.

How many peremptory challenges are allowed in a jury trial?

Apr 17, 2020 · A peremptory challenge is used by attorneys in the jury selection process to excuse potential jurors without providing a reason why. In this lesson you will learn about the use of peremptory strikes, as well as the laws designed to protect the integrity of the process.

Are peremptory challenges legal in Canada?

Apr 11, 2022 · Why a peremptory challenge? The rationale behind allowing peremptory challenges is to give the attorneys an opportunity to seat the best jury for each case. Since each side will reject the jurors that they presume will favor the other side, the result should be a …

How can the defense's peremptory challenges be mitigated?

Why would a lawyer use a peremptory challenge? A peremptory challenge also allows attorneys to veto a potential juror on a “hunch”. Their use allows attorneys to use their training and experience to dismiss jurors who might say the correct thing, but might otherwise harbor prejudices that could infringe the rights of the defendant to a fair trial.

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For what reasons might an attorney use a peremptory challenge give specific examples?

The rationale behind allowing peremptory challenges is to give the attorneys an opportunity to seat the best jury for each case. Since each side will reject the jurors that they presume will favor the other side, the result should be a well-balanced jury.

Why would an attorney use a peremptory challenge quizlet?

Prosecutors and defense attorneys routinely use peremptory challenges to eliminate from juries individuals who, although they express no obvious bias, are thought to be capable of swaying the jury in an undesirable direction.

Why are there peremptory challenges?

A peremptory challenge also allows attorneys to veto a potential juror on a "hunch". The idea behind peremptory challenges is that if both parties have contributed in the configuration of the jury, they will find its verdict more acceptable.

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.Sep 21, 2015

What does a peremptory challenge do quizlet?

A challenge used to question the racial, ethnic, religious, etc. motives of a peremptory challenge. If used, a lawyer using a peremptory challenge must provide a "for cause" reason to strike a juror. Large group (12-24) of jurors who decide if a person should be indicted.

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

A challenge for cause is an objection to a juror alleging that the juror is incapable or unfit to serve on the jury. You have... A peremptory challenge is made to a juror without assigning any reason.

Are peremptory challenges constitutional?

Leesville Concrete Co., the United States Supreme Court held that a civil litigant's use of a peremptory challenge to exclude a prospective juror solely on the basis of race was an act of discrimination that violated the equal protection component of the Fifth Amendment's due process clause.

What is the difference between juror challenges and peremptory challenges?

Unlike challenges for cause, which must be based on logical reasons why the potential juror is biased, prejudiced, or unquali- fied to serve in a particular case, peremptory challenges are often inspired by hunches, intuition, or "shots in the dark., 20 As a parti- san, a lawyer uses peremptory challenges not to select ...Apr 19, 1997

Are peremptory challenges allowed in Canada?

In September 2019, Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts S.C. 2019, c. 25 [Bill C-75], was passed, which abolished peremptory challenges and substituted lay triers with judges for challenges of cause.Oct 13, 2021

What is a challenge for cause?

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.

What are the types of challenges that can be used to excuse jurors from a trial?

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.