What is the legal definition of a challenge for cause?
Challenge for Cause Law and Legal Definition. A challenge for cause is a request that a prospective juror be dismissed because there is a specific reason to believe the person cannot be fair, unbiased or capable of serving as a juror.
What is a challenge for cause for dismissal?
challenge for cause n. a request that a prospective juror be dismissed because there is a specific and forceful reason to believe the person cannot be fair, unbiased or capable of serving as a juror.
What is a reason to challenge a juror?
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 is the difference between challenge for cause and peremptory challenge?
Challenges and dismissal for cause differ from "peremptory challenges," which each side may use to dismiss potential jurors without stating any reason. (See: peremptory challenge, jury, juror, voir dire, panel, venire)
What is the difference between challenge for cause and peremptory challenge?
In challenge for cause, the judge will ultimately decide if the challenge is successful based upon the presentation of facts by counsel, and there...
How does challenge for cause work?
A challenge for cause can be issued by either side of a legal case. The challenge will be made in court and, depending upon the judge's procedure,...
Is challenge for cause unlimited?
A challenge for cause is unlimited because the Sixth Amendment requires the right to a fair and impartial jury. A challenge for cause calls into qu...
What is an example of a challenge for cause?
There are a few reasons a potential jury member might be challenged for cause during jury selection. One example of a legitimate challenge for caus...
What is a challenge for cause?
Challenge for cause, or 'strike for cause,' is a practice that allows attorneys to remove potential jurors who are incapable of rendering a fair and impartial verdict in a trial. In other words, a challenge for cause is used to get rid of any jurors who can't consider the evidence fairly, or who will be influenced by hidden biases. Challenges for cause differ from peremptory challenges, which may be used by either side to remove prospective jurors for any reason.
Why is a challenge for cause based on a mental or physical condition?
Legal qualifications in a given jurisdiction may require that a prospective juror be excused because the juror has a mental or physical condition that would prevent service (i.e. serious hearing or vision problems). Close relationships with parties involved in case may also serve as a basis for a challenge for cause.
Why do juror consultants do community research?
In addition to community research, jury consultants also study human behavior and group dynamics in order to better understand how different personalities on the same jury may influence a verdict. The purpose of this type of research is to arm the attorneys with as much information about the potential jurors so that the selected jury is more likely to hand down a favorable verdict.
Why is a juror removed for cause?
Actual biases, like prior knowledge of the facts of the case or a deeply ingrained attitude about the case, may result in a juror being removed for cause. In addition, an inability to follow the judge's orders because of a preconceived opinion may also lead to a challenge. A juror's inability to consider certain sentence recommendations must also be taken into account.
What is jury consultant?
Jury consultants study the connection between attitudes and voting behaviors in order to predict how a potential jury in a given community will decide a case. This can be accomplished by surveying members of the community and analyzing the results. A typical community survey may collect information about background characteristics (race, age, income, marital status), as well as personal beliefs and attitudes. Some may ask the survey-taker to consider the facts of the case and then vote on a hypothetical verdict.
What does it mean to enroll in a course?
Enrolling in a course lets you earn progress by passing quizzes and exams.
Can a challenge for cause be used on a jury?
Once a challenge for cause is made, it is up to the judge to decide whether the potential juror is fit to serve on the jury .
What is a challenge for cause?
n. a request that a prospective juror be dismissed because there is a specific and forceful reason to believe the person cannot be fair, unbiased or capable of serving as a juror. Causes include acquaintanceship with either of the parties, one of the attorneys or a witness, the potential juror's expression during voir dire ...
What happens if a trial court denies a challenge for cause?
If a trial court commits error by denying a challenge for cause, that error is prejudicial to the litigant, meriting reversal and a new trial, only if the challenging party was required to exhaust all remaining peremptory challenges and can show that an objectionable juror served on the jury.
How many peremptory challenges did Cortez have?
The trial judge denied Cortez's challenge for cause, and his lawyer had to use the last of his seven peremptory challenges to strike the juror.
Why was the denial of the challenge for cause reversible error?
The panel ruled that the denial of the challenge for cause was reversible error because it led to the defendant using his last peremptory challenge to excuse the juror.
Is bias against the law applicable to the case grounds for a challenge for cause?
Bias against "the law applicable to the case" is grounds for a challenge for cause, and while you and I know that jury nullification falls within the bounds of the law, the system in practice does not recognize that principle.
