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Challenges in Jury Selection

Peremptory Challenges &

Challenge for Cause

2 Types of Challenges

Both result in jurors being removed for the jury panel

Peremptory Challenges

A method used to strike a juror from the jury panel without having any stated reason.

Peremptory Challenges

Limitations

Limitations

Lawyers are limited to the number of peremptory challenges they can use, which in most jurisdictions is four to five.

Removal based on gender or race is PROHIBITED.

Issues

Issues

the fact that no reason is needed to strike a juror. Therefore, it is possible for a lawyer to remove a juror for things such as race and gender. Because any strike of a jury can be passed of as being something other than gender or race.

Example

Flowers v. Mississippi, where the prosecutor had been found guilty of purposefully striking jurors for their race, and is now awaiting a decision from the United States Supreme Court in the upcoming months.

Shows the potential miss use of the challenge, leading to jury that is not of the defendant's peers

Example of Issues

Challenge for Cause

Challenges for Cause

These challenges occur when the judge, or in some cases the lawyer, ask specific questions of the prospective jurors. These questions are used to ascertain any bias or prejudice that would affect the decision of the prospective juror in the case.

Example

You wouldn't want to have a police officer on a jury panel when the defendant is facing charges of assault and battery on a police officer, as the police officer may hold a bias against the defendant.

Example

Limitations

Limitations

Prospective jurors may be untruthful in their questioning for different reasons that could ultimately affect the chances of having a jury of your peers for the defendant.

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