What are two types of challenges an attorney can make during voir dire choose 2 answers?
Generally speaking, there are two types of challenges available to the trial lawyer: challenges for cause and peremptory challenges.
Time constraints. Time constraints also pose a challenge for voir dire. There is often a limited amount of time to conduct the research on potential jurors. The jury pool list may not be available more than a few days before trial and, in some cases, is only available when voir dire begins.
The attorneys may challenge some jurors and ask the Court to excuse them from the trial. There are two types of challenges; challenge for cause and peremptory challenge.
When selecting a jury, both parties may remove potential jurors using an unlimited number of challenges for cause (e.g., stated reasons such as bias) and a limited number of peremptory challenges (i.e., do not need to state a reason).
Challenges for cause are made after the conclusion of the attorneys' voir dire. Section 226, subdivision (d), states that, “All challenges to an individual juror, except a peremptory challenge, shall be taken, first by the defendants, and then by the people or plaintiffs.”
Two challenges that an attorney can make for potential jurors are peremptory challenges and challenges for cause . Peremptory challenges are objections to a juror for which no reason has to be offered . Challenges for cause are objections to jurors for conflicts of interests .
Challenges for cause differ from peremptory challenges, which may be used by either side to remove prospective jurors for any reason. While there's no real limit to the amount of challenges for cause that may be used, the attorney must state a specific reason as to why the challenged juror can't be fair.
The term describing this justification for removal is called a “challenge for cause” and these challenges comprise the first level of screening in the voir dire process.
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.
Which is true of challenges for cause, with respect to the voir dire process? Both the defense and the prosecution have unlimited challenges for cause.
What is the role of voir dire and challenges used in jury selection?
During voir dire, attorneys attempt to delve more deeply into the jury panel member's responses provided in their written juror questionnaires. The goal is to gain a better understanding of each person individually as well as potential group dynamics.
What does "Voir dire" mean? Process of Jury selection. Lawyers question the jurors to decide who gets eliminated.
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.
It's not uncommon for jurors to be unfairly swayed by personal emotion. Many people find it challenging to make a decision based solely on evidence and rules. Jurors can be unpredictable. There will always be uncertainty when a jury is involved.
Typical reasons include an acquaintanceship with either of the parties, prior knowledge that would prevent impartial evaluation of the evidence presented in court, bias, obvious prejudice, or an inability to serve (such as being seriously mentally ill).
The judge and the attorneys ask jurors questions to determine if the jurors are free of bias (prejudice) or whether there is any other reason why they cannot be fair and impartial; this process is called voir dire. It is important to ask questions if you do not understand a question.
Because 80 percent of jurors have reached a verdict by the end of voir dire, attorneys should carefully prepare for voir dire through case analysis, attitude surveys, mock trials, question formulations, and plans for favorably impressing jurors.
Challenges for Cause are usually made out of the presence of the prospective jurors. Since an attorney is permitted an unlimited number of challenges for cause, lawyers prefer to use a challenge for cause because it allows the attorney to preserve the limited amount of peremptory challenges.
Peremptory challenges are meant to give the attorneys a limited input into the composition of the jury, either to seat jurors that the attorneys feels may be favorable to their client or more often to remove ones the attorney feels will be unfavorable.
Peremptory challenges, also known as peremptory strikes, enable litigants to remove otherwise qualified prospective jurors from their jury panel without any showing of cause.
What are three questions that might be asked of a potential juror?
Often, jurors will be asked to state the neighborhood or area they live in, their profession, whether they have children, are married, and so on. This kind of information helps the judge and lawyers get a feel for the potential jurors, and might even inform an attorney's decision to use a challenge on someone.
What is the difference between a challenge for cause and preemptory challenge? A challenge for cause is an objection to a juror alleging that the juror is incapable or unfit to serve on the jury. A peremptory challenge is made to a juror without assigning any reason.
The Batson challenge refers to the act of objecting the validity of a peremptory challenge, on grounds that the other party used it to exclude a potential juror based on race, ethnicity, or sex. The result of a successful Batson challenge differs, but generally it may be a new trial.
Proponents claim that peremptory challenges help ensure an impartial jury by permitting attorneys to remove jurors who might be biased or predisposed against their side-jurors at the extremes of the pool, who will not be able to evaluate the facts fairly and render an im- partial verdict.
peremptory - Each side in a case has a certain number of challenges that can be used without giving a reason. These are called "peremptory" challenges. Each side may ask the judge to excuse particular jurors. If a juror is excused, this does not imply something bad and does not mean the juror is not competent.
References
- https://dictionary.law.com/default.aspx?selected=169
- https://www.lacriminaldefenseattorney.com/legal-dictionary/c/challenge-for-cause/
- https://connorreporting.com/photo-video-evidence-always-admissible-court/
- https://open.lib.umn.edu/criminallaw/chapter/2-4-the-burden-of-proof/
- https://www.losangelescriminallawyer.pro/los-angeles-direct-and-circumstantial-evidence.html
- https://jeffgouldlaw.com/5-steps-in-the-criminal-justice-process/
- https://study.com/academy/lesson/the-us-criminal-justice-process-definition-steps.html
- https://www.justice.gov/usao/justice-101/trial
- https://open.lib.umn.edu/criminallaw/chapter/5-2-self-defense/
- https://www.kacdl.net/content.asp?contentid=212
- https://www.quora.com/Why-would-the-accused-want-to-remain-silent-in-court
- https://www.vtd.uscourts.gov/sites/vtd/files/BURDEN%20OF%20PROOF%20-%20PREPONDERANCE%20OF%20EVIDENCE.pdf
- https://www.justia.com/criminal/plea-bargains/
- https://www.law.cornell.edu/wex/finding_of_fact
- https://www.law.cornell.edu/wex/clear_and_convincing_evidence
- https://study.com/academy/lesson/challenge-for-cause-definition-criminology-lesson.html
- https://www.courts.ca.gov/3954.htm
- https://www.law.cornell.edu/wex/expert_witness
- https://www.lawyers.com/legal-info/criminal/criminal-law-basics/the-process-of-questioning-potential-jurors.html
- https://www.askthelawyers.com/read-article/what-is-inadmissible-evidence
- https://vindicatelaw.com/stages-of-a-criminal-case/
- https://www.whitelawpllc.com/faqs/why-is-the-burden-of-proof-higher-in-criminal-cases/
- https://www.pbs.org/wgbh/pages/frontline/shows/crime/trial/faqs.html
- https://subscription.packtpub.com/book/security/9781783288311/1/ch01lvl1sec12/rules-of-evidence
- https://www.coursehero.com/file/p50b247/What-two-challenges-can-an-attorney-make-for-potential-jurors-that-he-wishes-to/
- https://www.law.cornell.edu/wex/criminal_law
- https://www.shouselaw.com/ca/blog/laws/preponderance-of-the-evidence-vs-beyond-a-reasonable-doubt/
- https://www.libertylawcenter.com/blog/the-12-step-process-of-a-criminal-case/
- https://www.ojp.gov/ncjrs/virtual-library/abstracts/voir-dire-and-jury-selection-strategies-success
- https://judicature.duke.edu/articles/taking-beyond-a-reasonable-doubt-seriously/
- https://brainly.com/question/21578389
- https://www.law.cornell.edu/wex/batson_challenge
- https://www.americanbar.org/groups/criminal_justice/standards/ProsecutionFunctionFourthEdition/
- https://www.qcc.cuny.edu/socialSciences/ppecorino/PHIL_of_RELIGION_TEXT/CHAPTER_5_ARGUMENTS_EXPERIENCE/Burden-of-Proof.htm
- https://www.bajajdefense.com/criminal-trial-8-main-stages/
- https://www.justice.gov/usao/justice-101/steps-federal-criminal-process
- https://lionlegal.com/what-is-burden-of-proof/
- https://selfhelp.courts.ca.gov/discovery-civil/common-objections
- https://www.law.cornell.edu/wex/golden_rule_argument
- https://bjs.ojp.gov/justice-system
- https://www.druganddevicelawblog.com/2023/06/50-state-survey-of-state-court-decisions-supporting-expert-related-judicial-gatekeeping.html
- https://www.floydcoia.org/352/Steps-of-The-Criminal-Justice-System
- https://www.law.cornell.edu/wex/beyond_a_reasonable_doubt
- https://jbassettlaw.com/when-do-i-actually-enter-a-plea-of-guilty-or-not-guilty/
- https://www.uscourts.gov/educational-resources/educational-activities/participate-judicial-process-rule-law
- https://quizlet.com/434317891/cj-100-exam-1-module-3-flash-cards/
- https://english.stackexchange.com/questions/426668/for-how-long-has-plead-been-used-as-a-verb-counterpart-to-plea-noun-even-t
- https://www.casdschools.org/site/handlers/filedownload.ashx?moduleinstanceid=7201&dataid=6177&FileName=02-TypesOfEvidence.pdf
- https://www.americanbar.org/groups/litigation/resources/newsletters/pretrial-practice-discovery/withholding-documents-basis-objection-what-know-about-rule-34b2c/
- https://jsberrylaw.com/blog/pros-and-cons-of-accepting-a-plea-bargain-in-federal-court/
- https://www.investopedia.com/terms/b/burden-proof.asp
- https://kretzerfirm.com/jury-vs-judge-pros-and-cons-of-each-option/
- https://quizlet.com/590925445/chapter-10-flash-cards/
- https://judicature.duke.edu/articles/legal-standards-by-the-numbers/
- https://www.findlaw.com/criminal/criminal-procedure/evidence-the-concept-of-admissibility.html
- https://www.justice.gov/enrd/environmental-crime-victim-assistance/criminal-justice-process
- https://www.pearsonhighered.com/assets/samplechapter/1/4/0/8/140828071X.pdf
- https://www.sevenslegal.com/blog/steps-criminal-trial/535/
- https://www.findlaw.com/criminal/criminal-procedure/booking.html
- https://www.harwelllegalcounsel.com/blog/2023/02/how-is-intent-proven-in-a-murder-case/
- https://www.law.cornell.edu/wex/peremptory_challenge
- https://en.wikipedia.org/wiki/Burden_of_proof_(law)
- https://www.law.cornell.edu/wex/exclusionary_rule
- https://www.spolinlaw.com/blog/2020/08/24/what-is-the-substantial-evidence-standard/
- https://www.law.cornell.edu/wex/prima_facie
- https://banksbrower.com/2023/04/20/what-does-beyond-a-reasonable-doubt-mean/
- https://www.ojp.gov/ncjrs/virtual-library/abstracts/basic-guide-plea-bargaining-under-federal-sentencing-guidelines
- https://www.courts.ca.gov/documents/voir_dire_report.pdf
- https://www.law.cornell.edu/wex/best_evidence_rule
- https://www.federalrulesofcriminalprocedure.org/title-vi-trial/rule-29-motion-for-a-judgment-of-acquittal/
- https://www.indeed.com/career-advice/career-development/different-types-of-evidence
- https://quizlet.com/24632407/evidence-flash-cards/
- https://ndcriminal.com/blog/from-arrest-to-trial-8-steps-in-a-criminal-case-procedure/
- https://www.law.cornell.edu/wex/shifting_the_burden_of_proof
- https://lawphil.net/judjuris/juri2021/oct2021/gr_241872_2021.html
- https://www.advocatemagazine.com/article/2018-january/everything-you-wanted-to-know-about-voir-dire
- https://www.mad.uscourts.gov/resources/pattern2003/html/patt4cfo.htm
- https://bencrump.com/faqs/what-is-burden-of-proof-and-why-is-it-important/
- https://www.courts.ca.gov/2240.htm
- https://www.law.cornell.edu/wex/admissible_evidence
- https://www.uscourts.gov/about-federal-courts/types-cases/criminal-cases
- https://nij.ojp.gov/nij-hosted-online-training-courses/law-101-legal-guide-forensic-expert/trial/requirements-evidence-admissibility
- https://www.ralphbehr.net/scientific-evidence-in-criminal-cases.html
- https://www.justia.com/criminal/plea-bargains/how-judges-review-plea-bargains/
- https://www.quora.com/What-is-the-rationale-for-peremptory-challenges-of-prospective-jurors-How-can-they-lead-to-more-just-outcomes-considering-that-jurors-can-be-disqualified-for-cause-if-there-is-an-articulatable-reason
- https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=7469&context=jclc
- https://quizlet.com/276382806/selecting-the-jury-voir-dire-flash-cards/
- https://www.nycourts.gov/judges/cji/1-general/cji2d.circumstantial_evidence.pdf
- https://en.wikipedia.org/wiki/Burden_of_proof_(philosophy)
- https://quizlet.com/133445276/steps-of-a-trial-flash-cards/
- https://bjs.ojp.gov/media/image/45506
- https://7sage.com/bar/lesson/burdens-of-proof/
- https://www.law.cornell.edu/wex/preponderance_of_the_evidence
- https://www.law.cornell.edu/rules/fre/rule_104
- https://www.justia.com/criminal/procedure/stages-criminal-trial/
- https://quizlet.com/119913296/criminal-law-chapter-1-flash-cards/
- https://www.law.cornell.edu/wex/after-discovered_evidence
- https://www.justia.com/trials-litigation/lawsuits-and-the-court-process/evidentiary-standards-and-burdens-of-proof/
- https://www.law.cornell.edu/wex/critical_stages_of_proceedings
- https://quizlet.com/543984884/crim-ch-13-flash-cards/
- https://www.dwilawyerstexas.com/burden-of-proof/
- https://www.courts.ca.gov/1069.htm?rdeLocaleAttr=en
- https://selfhelp.courts.ca.gov/criminal-court/overview/sentencing
- https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=2426&context=journal_articles
- https://www.msdeltalaw.com/blog/2023/july/what-is-the-burden-of-proof-in-a-civil-case-/
- https://brainly.com/question/41386133
- https://www.findlaw.com/criminal/criminal-procedure/what-happens-at-a-plea-hearing.html
- https://www.demilialaw.com/criminal-defense/what-is-the-burden-of-proof-in-a-criminal-case/
- https://www.law.cornell.edu/wex/plea_bargain
- https://courses.lumenlearning.com/suny-monroe-law101/chapter/comparing-and-contrasting-civil-and-criminal-law/
- https://selfhelp.courts.ca.gov/criminal-court/overview
- https://jsberrylaw.com/blog/when-should-a-defendant-testify/
- https://lao.ca.gov/reports/2013/crim/criminal-justice-primer/criminal-justice-primer-011713.aspx
- https://kretzerfirm.com/an-overview-of-the-criminal-trial-process-step-by-step/
- https://study.com/academy/lesson/burden-of-proof-definition-cases.html
- https://www.quora.com/How-do-you-explain-preponderance-of-the-evidence-to-the-jury-in-a-smart-clever-way
- https://law.indiana.edu/instruction/tanford/b723/05prej/T05.pdf
- https://www.law.cornell.edu/wex/challenge_for_cause
- https://www.coloradolaw.net/law-101/burden-of-proof/
- https://quizlet.com/337754565/criminal-justice-exam-2-flash-cards/
- https://www.aerlawgroup.com/resources/whats-the-burden-of-proof-in-criminal-cases/
- https://quizlet.com/325289248/14-steps-in-a-trial-flash-cards/
- https://www.clio.com/blog/voir-dire/
- http://jec.unm.edu/education/online-training/stalking-tutorial/voir-dire-and-jury-selection
- https://www.law.cornell.edu/wex/burden_of_proof
- https://6ac.org/the-right-to-counsel/effective-assistance-at-critical-stages/
- https://www.justia.com/criminal/docs/stages-of-a-criminal-case/
- https://quizlet.com/40908468/steps-in-criminal-case-flash-cards/