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What is the reason that a lawyer must give for a peremptory challenge of a prospective juror?

2007-11-19 13:50:15 · 3 answers · asked by lildivasophia 1 in Politics & Government Law & Ethics

3 answers

Depends on local law.

As a "general" rule though under English common law (ie in England, the US, Canada Australia etc etc) a peremptory challenge does not require a reason.

A challenge "for cause" must be for an articulable reason, but a peremptory can be for just the lawyer having a 'hunch' that the juror doesn't look sympathetic to his side.

Richard

2007-11-19 13:53:54 · answer #1 · answered by rickinnocal 7 · 0 0

A peremptory challenge is used when the attorney does not have an otherwise valid reason to reject a juror, or does not want to say what it is. There is usually a limit to how many can be made.

2007-11-19 22:01:22 · answer #2 · answered by dukefenton 7 · 0 0

If there is a potential inherent bias that would make that juror unable to make a just decision.

Oops, actually that's the reason they can kick off people and they usually get a couple of those along with a couple that they don't need to say their reason. It could be because the case has a minority defendant and there is someone in the jury pool that the attorney thinks is racist. They don't want to have to say "so and so is racist" so they don't have to give a reason, to be respectful and not publicly embarrass that person.

2007-11-19 22:08:52 · answer #3 · answered by Eisbär 7 · 0 0

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