What are peremptory and challenges for cause?

There are two basic differences between a challenge for cause and a peremptory challenge. A lawyer may generally use a peremptory challenge without giving a reason. Second, the number of challenges for cause available to the attorneys is unlimited, while the number of peremptory challenges is limited by statute.

What is meant by a peremptory challenge?

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.

What is a 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 an example of a peremptory challenge?

For example: During the voir dire process, William’s attorney uses his peremptory challenges to dismiss all of the young women from the jury pool, leaving only one 65-year old female. In such a case, the judge may, if the jury has already been chosen, order the voir dire process to begin again.

Why would an attorney use a peremptory challenge?

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. A peremptory challenge also allows attorneys to veto a potential juror on a “hunch”.

How many peremptory challenges is each attorney allowed?

The court can control voir dire by limiting the amount of time counsel has to ask questions and to prevent what it considers to be unfair or prejudicial questioning. In a typical state court trial by a jury of twelve, each side is allowed six peremptory challenges.

Should the peremptory challenge be abolished?

Peremptory challenges should be abolished: a trial judge’s perspective. The peremptory challenge implies distrust of jurors. It inappropriately focuses on the makeup of the jury as a group instead of on the impartiality of individual jurors and makes jury selection more adversarial than it should be. The costs of the peremptory challenge for the jury as an institution are therefore greater than any benefits.

What is a challenge for cause in jury selection?

A challenge for cause is a request which an attorney can file during the jury selection phase of a jury trial to have a prospective juror struck because he or she would not be suitable for the trial.