Peremptory means insisting on immediate action. He spoke in a peremptory way. Her peremptory behavior is offensive.
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.
A challenge for cause is a legal procedure used during jury selection to disqualify a potential juror based on specific biases or inability to serve impartially. Unlike a peremptory challenge, which allows a party to dismiss a juror without stating a reason, a challenge for cause requires the party to provide a valid justification, such as a conflict of interest or a preconceived opinion about the case. The judge ultimately decides whether to grant the challenge. This process ensures that the jury remains fair and unbiased.
When a defense attorney believes the jury pool is biased, they will typically make a challenge for cause. This challenge requests that the court dismiss a potential juror based on specific biases or prejudices that may affect their impartiality. If the judge agrees, that juror is removed from the pool. The attorney may also use peremptory challenges to exclude jurors without stating a reason, but these are limited in number.
The law that granted prisoners the right to have a judge specify the charges against them is called the Habeas Corpus Act. This act was passed by the English Parliament in 1679 to protect individuals from being unjustly detained without sufficient evidence or legal process. It ensures that prisoners can challenge the legality of their imprisonment and have their case heard by a judge.
Yes you may challenge custody order.
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The primary decision maker at a preliminary hearing is typically the judge. The judge's role is to determine whether there is enough probable cause to proceed with the charges against the defendant. This hearing assesses the evidence presented by the prosecution and allows the defense to challenge it, but the judge ultimately decides if the case moves forward to trial.
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