Jury Selection Flashcards
What is a challenge for cause? How may challenges for cause are you allowed to make on Wilma’s behalf?
A challenge for cause is an objection to a prospective juror because she is incapable or unfit to serve on a jury. I am allowed an unlimited number of challenges for cause.
During jury selection, three prospective jurors provide the following information: 1) Juror A is qualified to vote in Midland County, Texas, but has not registered to vote there; 2) Juror B has been convicted of a misdemeanor theft; 3) Juror C has been charged with, but not convicted of, misdemeanor theft. Prosecutor challenges all three of these jurors for cause. How should the Court rule on Prosecutor’s challenges for Cause of Jurors A, B, and C? Explain fully.
The Court should deny the challenge for Juror A. Jurors must be qualified to vote but need not be registered. The Court should grant the challenges for Jurors B and C. A Juror is disqualified if he has been convicted of or currently charged with misdemeanor theft or felony.
What is a peremptory challenge? How may peremptory challenges are you allowed to make William’s behalf?
A peremptory challenge is an objection to a prospective juror for any reason, I am not required to explain the reason for a peremptory challenge. I am entitled to 10 peremptory challenges in a felony case.
Prosecutor uses his peremptory challenges to strike all of the women who are potential jurors. What objection, if any can you make to Prosecutor’s use of his peremptory challenges? If there is an objection, how may Prosecutor defend his use of his challenges.
I can raise a Batson challenge. In order to do so, I must show prima facie case of gender discrimination. The Prosecutor may then defend his actions by testifying to gender neutral reasons why the potential female jurors were struck. The burden is then on me to show discrimination.
During voir dire, you learn that a prospective juror served on the grand jury that indicted Arnie in this case. What procedural step, if any, should you take to object to placing this person on the jury? Explain you answer.
I can properly challenge this juror for cause. A juror may be disqualified from service if they served on the grand jury which returned the indictment.
The Court decides two alternate jurors will be selected, and the Court gives you and Prosecutor one additional peremptory challenge each because of that. When you begin selecting the alternate jurors, you still have two other peremptory challenges that you did no exercise during the selection of the other jurors. How many peremptory challenges may you exercise in the selection of the alternate jurors? Explain you answer.
I am entitled to use only one peremptory challenge on the alternate jurors. I am not permitted to use the remaining peremptory challenges from the selection of non-alternate jurors on alternate jurors.
