Search results
Results from the WOW.Com Content Network
In law, the right of peremptory challenge is a right in jury selection for the attorneys to reject a certain number of potential jurors without stating a reason. Other potential jurors may be challenged for cause, i.e. by giving a good reason why they might be unable to reach a fair verdict, but the challenge will be considered by the presiding judge and may be denied.
Strike for cause (also referred to as challenge for cause or removal for cause) is a method of eliminating potential members from a jury panel in the United States.. During the jury selection process, after voir dire, opposing attorneys may request removal of any juror who does not appear capable of rendering a fair and impartial verdict, in either determining guilt or innocence and/or a ...
Batson v. Kentucky, 476 U.S. 79 (1986), was a landmark decision of the United States Supreme Court ruling that a prosecutor's use of a peremptory challenge in a criminal case—the dismissal of jurors without stating a valid cause for doing so—may not be used to exclude jurors based solely on their race.
A struck jury is a multi-step process of selecting a jury from a pool. First potential jurors are eliminated for hardship. Second jurors are eliminated for cause by conducting voir dire until there is a pool available that is exactly the size of the final jury (including required alternates) plus the number of peremptory challenges available to each side.
Yet, the equal protection clause does regulate the use of peremptory challenges in the selection of the petit jury from the venire. In the landmark case of Batson v. Kentucky (1986), the Supreme Court reversed a criminal conviction because of the prosecutor's racially motivated use of peremptory challenges. [171] There are three steps to a ...
In both wars, context made it tricky to deal with moral challenges. What is moral in combat can at once be immoral in peacetime society. Shooting a child-warrior, for instance. In combat, eliminating an armed threat carries a high moral value of protecting your men. Back home, killing a child is grotesquely wrong.
The judge deemed the challenge to be based on discriminatory factors and allowed the juror to be seated. Rivera appealed, arguing that the trial judge erred in dismissing the peremptory challenge. The Illinois Supreme Court remanded the case for the trial court to explain why the peremptory challenge in question was discriminatory. The trial ...
The key to absorbing stress and moral challenges is to “own what you can control, and think before you take on negative thoughts and start blaming yourself,” said Sgt. 1st Class Eric Tobin, a master resilience trainer. If women and children are inadvertently killed in battle, he said, “feeling bad about that is normal.