: an objection in which one party argues that the other has used the peremptory challenge to strike one or more prospective jurors from the panel for a discriminatory purpose in violation of the equal protection guarantee of the U.S. Constitution. — called also Batson objection.
For example, a juror can be dismissed for cause if he or she is a close relative of one of the parties or one of the lawyers, or if he or she works for a company that is part of the lawsuit. Each lawyer may request the dismissal of an unlimited number of jurors for cause.Sep 9, 2019
Challenges: The law authorizes the judge and the lawyers to excuse individual jurors from service in a particular case for various reasons. If a lawyer wishes to have a juror excused, he or she must use a "challenge" for that juror.
Legal Definition of peremptory instruction : an instruction charging a jury that if they agree to the truth of certain stated facts then they must find for a particular party.
There are several ways for criminal defendants to convince a prosecutor to drop their charges. They can present exculpatory evidence, complete a pretrial diversion program, agree to testify against another defendant, take a plea deal, or show that their rights were violated by the police.Jul 14, 2021
STUDY. What is it called when the jury ignores the law and acquits an obviously guilty defendant? jury nullification.
A challenge for cause requires convincing a judge that a prospective juror has a bias that precludes impartiality; a peremptory challenge, on the other hand, affords attorneys tremendous leeway by allowing for the exclusion of jurors without explanation or evidence of potential impartiality.
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.
After questioning prospective jurors, each side's attorney may challenge certain jurors using two types of challenges: "for cause" and "peremptory." By challenging a juror, the attorney is asking the judge to excuse that juror from the panel.
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.
A Batson challenge is a challenge made by one party in a case to the other party's use of peremptory challenges to eliminate potential jurors from the jury on the basis of sex, race, ethnicity, or religion. A trial usually begins with jury selection.
Definition of peremptory 1a : putting an end to or precluding a right of action, debate, or delay specifically : not providing an opportunity to show cause why one should not comply a peremptory mandamus. b : admitting of no contradiction. 2 : expressive of urgency or command a peremptory call.