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Legal Terms - challenge to jury
a process via which the parties can contest the jury's makeup prior to the jury being sworn in. A challenge may previously be made for cause or peremptory, meaning there was no justification for it. The Criminal Justice Act of 1988 eliminated peremptory challenges; nonetheless, in some situations, the prosecution might have the right to request that a juror "stand by" when he is about to take the oath. Usually, this is the case where either
In a case involving terrorism or national security, either (a) the defense concurs with the prosecution that a juror is completely unfit, or (b) the Attorney General has mandated a security check on the jury. Any party may file a cause challenge. This could apply to the jury summoning process as a whole (e.g., bias or favoritism on the part of the jury summoning officer) or to the polling, where challenges can be made to certain jurors or the entire panel. Just before to the juror being sworn in, there is an opportunity for a challenge for cause. This challenge may be based on the juror's lack of qualifications or potential bias. The trial judge hears any challenge to jurors for cause.
a process via which the parties can contest the jury's makeup prior to the jury being sworn in. A challenge may previously be made for cause or peremptory, meaning there was no justification for it. The Criminal Justice Act of 1988 eliminated peremptory challenges; nonetheless, in some situations, the prosecution might have the right to request that a juror "stand by" when he is about to take the oath. Usually, this is the case where either
In a case involving terrorism or national security, either (a) the defense concurs with the prosecution that a juror is completely unfit, or (b) the Attorney General has mandated a security check on the jury. Any party may file a cause challenge. This could apply to the jury summoning process as a whole (e.g., bias or favoritism on the part of the jury summoning officer) or to the polling, where challenges can be made to certain jurors or the entire panel. Just before to the juror being sworn in, there is an opportunity for a challenge for cause. This challenge may be based on the juror's lack of qualifications or potential bias. The trial judge hears any challenge to jurors for cause.
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