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O.C.G.A. 15-12-122 controls jury selection and peremptory challenges. Generally attorneys receive 3 peremptory challenges for a six person jury (case valued under $25,000.00) and 6 peremptory challenges for a twelve person jury.
Yes, because challenges for cause are the responsibility of the lawyer whose client may have been hurt by a juror's response. The rule is that all challenges must be made before the jury is sworn. The court can wave any reversible error if a lawyer proceeds to trial without using all of his or her peremptory challenges.
A third type of challenge is called peremptory. This challenge removes potential jurors without the necessity for providing a reason. These types of challenges are limited to a predetermined set of numbers. In 1986, in Batson vs. Kentucky, the Supreme Court decided that peremptory challenges could not be used to discriminate solely based on race. The rule established was that it must be shown that the defendant is a member of a recognized racial group that has been intentionally excluded from the jury and the need to raise a reasonable suspicion that the opposing side used peremptory challenges in a manner that was discriminatory.
It is called a PEREMPTORY CHALLENGE and is exercised during the Voir Dire portion of jury selection.
jury
When selecting a jury, either party can make an unlimited number of challenges to potential jurors for cause. For example, if a proposed juror was a the brother of the defendant, the juror would be challenged the judge would excuse the juror because it would be unfair to have him on the jury. To challenge a proposed juror for cause, the party has to tell the judge why it would be unfair to seat that juror and the judge may accept or reject the challenge. Each party also has a set number of peremptory challenges, the party excludes the juror without cause and the judge has no say. For example, if the defendant is a school teacher, you might not want another school teacher to be on the jury but you don't have any evidence that it would be unfair. While there are few limits to peremptory challenges, they cannot be used to create a discriminatory jury. For example, if the defendant is Hispanic, you cannot use all of your peremptory challenges to eliminate all the potential Hispanic jurors.
When they go through the process of Voire Dire, or the picking of the jury, a juror is presented and both attorneys get to ask a question of them. Then they either accept or don't accept that juror. If there is a disagreement between the prosecution and defense the judge decides.Each side gets a set number of "challenges for cause" and "peremptory (no cause) challenges."
to any extent
"Throughout a trial, a jury consultant will work with a laywer as a commentator or a reviewer of how the lawyer worked with a jury." A jury consultant is someone who has done extensive jury research. A lawyer will employ them to assist in selecting the jury and for assistance with the jury throughout the trial.
Because, for whatever reason, they do not want that person on the jury.
jury selection
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