what is it called when jury members are excused by lawyer for no reason

by Lue Ernser 10 min read

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.

Why would you be excused from jury duty?

Feb 27, 2019 · Not all states require a jury of 12 for all crimes. And although 12-member juries are required for federal crimes, judges in district courts may allow a jury of 11 people to return a verdict if it has found it necessary to excuse a juror after the start of deliberations (Fed. Rules Crim. Proc., rule 23(b) (2019)).

Can a family member be excused from serving on a jury?

Most courts will allow you to be excused from jury duty on the following grounds: Undue harshness or extreme inconvenience. Mental or physical disability. If the reason for requesting an excuse is financial, don’t worry—you will still be compensated for serving on a jury, be it by the state or federal government.

How are jurors selected in a civil case?

Whoever is left on the jury panel becomes the jury who will decide our case. To recap, jurors are only selected if they remain in their seats after all other jurors have been removed by the lawyers who did not like them. That's what I meant when I said …

What can cause a juror to be removed from a trial?

There are some solid steps that you can take if you have a real need to be excused from serving on a jury at a particular time. Contact the jury coordinator. You can do this simply by telephoning the clerk of the court for which you are summoned. The clerk can direct you to the jury coordinator. If this is the first time you are called for jury ...

What is it called when an attorney remove a potential juror without stating a cause?

In addition to challenges for cause, each lawyer has a specific number of peremptory challenges. These challenges permit a lawyer to excuse a potential juror without stating a cause. In effect, they allow a lawyer to dismiss a juror because of a belief that the juror will not serve the best interests of the client.Sep 9, 2019

What is it called if someone is challenged with no cause or reason?

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. See Batson challenge.

What are two reasons lawyers Cannot remove potential jurors?

The Defendant's Claim of Discrimination
  • race, ethnicity, or gender are issues in the case—for example, if the defendant is a minority and the victim is not.
  • the defendant is a member of the same racial, ethnic, or gender group as the challenged juror, and.

What is it called when the juror's Cannot come to a decision?

A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority.

What is it called when the jury ignores the law and acquits an obviously guilty defendant quizlet?

Terms in this set (18)

What is it called when the jury ignores the law and acquits an obviously guilty defendant? jury nullification.

Which of the following is a common excuse for being exempted from jury duty?

Excuse from Service

Reasons you may be excused from jury service include: You have no means of transportation. You would have to travel an excessive distance to the courthouse. You have a physical or mental impairment.

What is a Batson challenge?

An objection to 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 Batson challenge may be a new trial. The name comes from Batson v.

What does deadlocked mean in a trial?

When there are insufficient jurors voting one way or the other to deliver either a guilty or not guilty verdict, the jury is known as a “hung jury” or it might be said that jurors are “deadlocked”. The judge may direct them to deliberate further, usually no more than once or twice.

Why are some jurors challenged?

A challenge for cause can be made after a potential juror has been called and before that juror is sworn by the clerk of the court. The challenge can be made before or after the rights of peremptory challenge have been exhausted and is tried by the presiding judge at the trial.

What is prejudice mistrial?

The judge must declare a mistrial upon the defendant's motion if there occurs during the trial an error or legal defect in the proceedings, or conduct inside or outside the courtroom, resulting in substantial and irreparable prejudice to the defendant's case.

What is it called when the jury ignores the law and acquits an obviously guilty defendant?

Jury nullification (US/UK), jury equity (UK), or a perverse verdict (UK) describes a not guilty verdict of a criminal trial's jury despite a defendant having clearly broken the law.

What is it called when a judge overrule a jury?

In American courts, JNOV is the practice whereby the presiding judge in a civil jury trial may overrule the decision of a jury and reverse or amend their verdict. In literal terms, the judge enters a judgment notwithstanding the jury verdict.

Can a judge dismiss a jury?

After a trial has started, a judge may dismiss a juror who’s disqualified or unable to continue serving on the jury. Learn about the valid reasons and procedure for removing and replacing jurors, and what happens when no alternates are available. By E.A. Gjelten, Legal Editor. Updated: Feb 27th, 2019.

When do you have to remove a juror?

At any point after a criminal trial starts , a judge must remove any juror when it becomes clear that the person is disqualified for any of the “for cause” reasons for disqualifying potential jurors before trial, including: refusal or inability to follow the law.

What happens after a trial?

After a trial has started, a judge may dismiss a juror who’s disqualified or unable to continue serving on the jury. Learn about the valid reasons and procedure for removing and replacing jurors, and what happens when no alternates are available. One of the cornerstones of the U.S. criminal justice system is the constitutional right ...

What is the constitutional right to a fair trial?

Updated: Feb 27th, 2019. One of the cornerstones of the U.S. criminal justice system is the constitutional right to a fair trial with an impartial jury. The process of selecting a jury (known as voir dire) is meant to weed out potential jurors who can’t or won’t be fair. But even after members of the jury are selected ...

Can a judge declare a mistrial?

However, judges are generally loathe to declare a mistrial, which stops the trial without a verdict and may lead to the prosecutor to seek a new trial. Still, if no alternate jurors are available and continuing with a smaller jury isn’t a legal option, the judge must declare a mistrial.

What factors are considered when making a decision?

When making that decision, courts will consider several factors, including: whether the judge had instructed the alternate jurors to avoid news and other outside information about the trial, and. after the alternate is appointed, whether the judge told the jury to start anew with its deliberations.

Why do people get excused from jury duty?

Economic Hardship. One of the more common reasons people are excused from jury duty is because serving on the jury presents that person with an economic hardship. If you are the sole person working in your family, you usually cannot take time off work to serve on a jury.

Why are some jurors dismissed?

The defense and prosecution will often dismiss prospective jurors because of family issues. They know that a juror concerned about his or her kids at home will have a harder time focusing on the details of the case. If you are a stay at home parent, you can show proof that you must be home with your children. This can include showing proof that you cannot afford a babysitter or that you have a child still nursing at home. Family issues that preclude you from serving on a jury can also include having a loved one currently in the hospital or the recent loss of a spouse or parent.

Can you serve on a jury if you have a felony?

Even if you can sit on a jury, you cannot serve on a jury if you have any pending felony charges against you.

Who is exempt from jury duty?

United States Court points out that government workers, active duty military personnel, firefighters and police officers are exempt from jury duty too. The government sends out jury duty notices to American citizens every day to keep the criminal justice system moving smoothly. Though you may worry about taking time away from work ...

Is jury duty a privilege?

Jury duty is a right and a privilege, but there are some reasons people are excused from jury duty. Juries are an important part of the criminal justice system in America.

What happens when you are called to jury duty?

When you are called for jury duty, you get the dreaded summons in the mail commanding you to appear in court on a certain date, at a certain time. Once you check in, you're told to hurry up and wait in a big room commonly known as the jury room .

What is medical malpractice law?

Medical malpractice law is a fascinating area of law. It is technical. It is highly specialized and requires a great deal of knowledge of medicine as well as a high degree of trial skill. In this lecture, which was designed to teach lawyers who practice in other areas of law, what they need to know about medical malpractice law in New York. Lawyers across the country

Can you be excused from jury duty?

Most police officers, lawyers, doctors, and government officials will be dismissed because of their extensive industry knowledge and experience. If your line of work or personal experience will influence how you look at the specific case that's in court, make sure you speak up. Doing so could get you fully excused.

Can you be a juror if you know someone involved in a case?

Relation to the Case. If you know someone involved in the case, chances are that you won’t be serving as a juror. This holds true when working for an employer involved within the case or if you personally know any of the witnesses. If you know someone or something about the case, be sure to speak up.

Can you be excused from college in California?

This does not apply in the state of California, so be sure to check local rules and regulations.

How old do you have to be to be on the jury?

Depending on your state of residence, your age can excuse you from jury duty. In many states, men and women over age 70 are exempt from serving as jurors. Check your state's age requirements for jury service.

Can you be excused for breastfeeding a child?

If you aren't pregnant, but you're currently breastfeeding a child, you'll most likely get excused . It is not uncommon for children to be breastfed up until they're at least 1 year of age. The courts understand that breastfeeding a child is a serious commitment, and courts consistently excuse breastfeeding mothers for this reason.

Can you be a juror if you are the primary caregiver?

If you are the primary caregiver for a young child and attending court would create a hardship in providing care for that child, then you have a valid reason not to be a juror. If you use this excuse, be prepared to explain to the judge why no one else in your family can care for the child except for yourself and why daycare is not an option.

Can you be a juror in a different county?

Most criminal courts have jurisdiction over one county and cannot accept jurors who are residents of a different county. If you recently moved out of a county, it is very possible that you may still receive a summons from the county where you used to reside. If this is the case, contact the court before your summons date and you will certainly be excused from having to show up at all.

Economic Hardship

  • One of the more common reasons people are excused from jury duty is because serving on the jury presents that person with an economic hardship. If you are the sole person working in your family, you usually cannot take time off work to serve on a jury. Even though you may receive some financial compensation, it does not equal your lost wages. Proving that serving will harm y…
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Personal Opinions

  • During the jury selection process, both sides will ask prospective jurors about their personal thoughts and opinions. Anyone who has a strong opinion that relates to the case will generally receive a dismissal. For example, a potential juror might believe that women are bad drivers. In a case involving a female driver, the defense attorney will request that individual’s dismissal from …
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Felony Conviction

  • One of the other reasons people are excused from jury duty is because of a felony conviction. When you receive a felony conviction, you will typically lose some of your civil rights, including your right to vote and your right to sit on a jury. When the jury selection process first begins, make sure that you inform both sides of your criminal recor...
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Family Issues

  • The defense and prosecution will often dismiss prospective jurors because of family issues. They know that a juror concerned about his or her kids at home will have a harder time focusing on the details of the case. If you are a stay at home parent, you can show proof that you must be home with your children. This can include showing proof that you cannot afford a babysitter or that yo…
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Physical/Mental Disabilities

  • According to the United States Court, other reasons people are excused from jury duty include physical or mental disabilities. You must speak and understand enough English to fill out the jury forms, and you must also have the mental and physical capacities necessary to sit in the court, hear the attorneys and witnesses speak and make a decision on your own. United States Court p…
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