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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.
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Who is the person that can be removed by a peremptory challenge?
jury
How do you use peremptory in a sentence?
Peremptory is an adjective meaning imperious, without opportunity to refuse or contradict, in the manner of expressing a command, putting an end to all debate. It is also used in law. Here are examples of use: "The chairman left the board meeting after his peremptory statement about selling the company." "Because of the juror's body language, the lawyer made a peremptory challenge to have him dismissed." "We had to leave the building peremptorily."
To what extent peremptory challenge and jury vetting is deemed to be unconstitutional?
to any extent
What is A challenge in which an attorney has broad discretion in excusing jurors?
It is called a PEREMPTORY CHALLENGE and is exercised during the Voir Dire portion of jury selection.
How do you use the word 'peremptory' in a sentence?
The teacher was being serious when she was yelling at the student about being peremptory towards her.
Removing an unwanted potential juror without the need to disclose a reason for the removal is accomplished by the means of a?
peremptory challenge
Which type of challenge is one used to exclude potential jurors from serving on the jury without any supporting reason or cause being provided by the attorney?
Peremptory challenge.
Can you have a sentence with peremptory please?
Peremptory means insisting on immediate action. He spoke in a peremptory way. Her peremptory behavior is offensive.
What would be an attorney's motivation for using a peremptory challenge during the voir dire?
Because, for whatever reason, they do not want that person on the jury.
What is the reason that a lawyer must give for a peremptory challenge of a prospective juror?
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.
How many peremptory challenges for a Michigan civil trial?
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.
Making a sentence with peremptory?
Her peremptory command startled the children.
