Jump to content

Strike for cause

From Wikipedia, the free encyclopedia
(Redirected from Challenge for cause)

Strike for cause (also referred to as challenge for cause or removal for cause) is a method of eliminating potential members from a jury panel in the United States.

During the jury selection process, after voir dire, opposing attorneys may request removal of any juror who does not appear capable of rendering a fair and impartial verdict, in either determining guilt or innocence and/or a suitable punishment.[1] An example would be a potential juror in a murder case, where the sentencing options include the death penalty and a lesser sentence (such as life without parole), who states that they "would sentence a defendant to death if found guilty"; such a statement may indicate the person's unwillingness to fairly consider a life without parole sentence.

Unlike a peremptory challenge (the number of which are limited by the court during voir dire, and unless a Batson challenge is raised the challenge is automatically granted) there is no limit to the number of strikes for cause that attorneys on either side of a case can be granted. However, also unlike a peremptory challenge, a strike for cause must state a specific reason (in the example above, the reason would be the juror's bias against a non-death penalty sentence) and be granted by the trial judge; often both attorneys and sometimes the judge will question the juror being challenged.

If one attorney moves to strike a juror for cause but the judge rejects the motion, the attorney may still use a peremptory challenge (if they have any remaining) to strike the juror, and on appeal may raise a claim that the motion should have been granted but, because it was not, the attorney had to either use a peremptory challenge or seat a biased juror.

References

[edit]
  1. ^ Arbetman, Lee P. & O'Brien, Edward L. Glencoe Street Law, pg. 50,648. Glencoe/McGraw-Hill, New York, 2005. ISBN 0078600197.