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768.12 Peremptory challenge; offense not punishable by death or life imprisonment; number.
Sec. 12.
(1) A person who is put on trial for an offense that is not punishable by death or life imprisonment shall be allowed to challenge peremptorily 5 of the persons drawn to serve as jurors. In a case involving 2 or more defendants who are being jointly tried for an offense that is not punishable by death or life imprisonment, each of the defendants shall be allowed to challenge peremptorily 5 persons returned as jurors. The prosecuting officers on behalf of the people shall be allowed to challenge 5 jurors peremptorily if a defendant is being tried alone or, if defendants are tried jointly, shall be allowed the total number of peremptory challenges to which all the defendants are entitled.
(2) On motion and a showing of good cause, the court may grant 1 or more of the parties an increased number of peremptory challenges. The number of additional peremptory challenges the court grants may cause the various parties to have unequal numbers of peremptory challenges.
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How many premptory challenges do attorneys get in a murder trial?
The number peremptory challenges that are given to attorneys is based on the type of murder trial it is. If it is a capital case, or the prosecution is seeking the death penalty, a total of twenty peremptory challenges is given. In all other cases associated with causing the death of another, either by murder or manslaughter, the government is allowed six peremptory challenges while the defense is allowed ten.
Challenges to a prospective juror based on the showing that allowing the juror to serve would deny either side a fair trial are called?
Voir direAdded: The process is known as Voire Dire, the challenges referred to in the question are known as Peremptory Challenges.
What has the author Horace W Gilmore written?
Horace W. Gilmore has written: 'Michigan civil procedure before trial' -- subject(s): Civil procedure, Practice of law, Pre-trial procedure
Should an attorney always challenge for cause the selection of a biased juror. . . why or why not?
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.
Does a wrongful death civil trial happen before during or after the criminal trial?
In the United States, the criminal trial comes first, then comes the civil trial. (In some states, such as North Carolina, civil penalties can be accessed at the criminal trial.)
How many peremptory challenges are allowed in Texas when two defendants are tried jointly?
I believe that this is either a trick question, or it is poorly worded.Under Texas CIVIL law there is a provision for "Joint and Several Liability," which may allow for the finding of liability on the part of more than one party, but I am unaware of any court stystem that allows the joint trial of multiple respondants at the same proceeding.Under criminal law there is no provision at all for the joint trial of multiple defendants. Each individual has their OWN day in court, and even if charged with the same criminal offense, they are tried seperately..
Compare and contrast the proceedings of a criminal trial and civil trial relate constitutional rights for individuals what are the benefits of a civil trial?
this means that you have a right to attend your trial and be there on time. this means that you have a right to attend your trial and be there on time.
What amedment is Trial by Jury?
The 6th amendment in a criminal trial, and 7th in a civil trial.
What kind of trial settles between people or business?
A civil trial.
Who is considered a plaintiff in a trial?
The plaintiff in a civil trial is the person that is making the claim. In a criminal trial it is the government.
What percent of civil case are settled without trial?
Good question. 90% of all civil cases are settled without a trial.
What kind of trial settled an argument between people or businesses?
A civil trial.
