A challenge where each side, having a certain number (usually about six in felony cases), can kick someone off the potential jury panel without saying why—as long as it is not for a racial or gender bias reason.
“As part of this process, we have what are called challenges for cause and peremptory challenges. Challenges for cause are if someone gets up and says there's no way I can be impartial, I completely believe if someone's sitting there, they are guilty of the crime charged, obviously that person is not gonna be fair and impartial. The DA is not allowed to keep them on because that person has expressed a complete disregard for the criminal justice process, and we can challenge them for cause.”
“Peremptory challenges are interesting. Each side has a certain number. In felony cases usually each side has about six or so. Where each side gets to kick someone off the potential jury panel and doesn't have to say why. As long as it is not for a racial reason or a gender bias reason, you can't do it for those types of reasons but you can do it because you didn't like some answers that they gave or I've even seen lawyers say well that person was looking at me mean, so I'm gonna kick them off. There are all kinds of reasons lawyers use peremptory challenges but you go back and forth. So the DA gets to preempt someone off the jury and then the defense does and it goes back and forth back and forth until each has exercised all of their challenges and then whoever is left in the box are the happy, lucky winners of the jury selection process.”
Alexis explains: "As part of this process, we have what are called challenges for cause and peremptory challenges. Challenges for cause are if someone gets up and says there's no way I can be impartial, I completely believe if someone's sitting there, they are guilty of the crime charged, obviously that person is not gonna be fair and impartial. The DA is not allowed to keep them on because that person has expressed a complete disregard for the criminal justice process, and we can challenge them for cause."
Answered by Alexis Austin Litle · Watch clip ↗Alexis explains: "Peremptory challenges are interesting. Each side has a certain number. In felony cases usually each side has about six or so. Where each side gets to kick someone off the potential jury panel and doesn't have to say why. As long as it is not for a racial reason or a gender bias reason, you can't do it for those types of reasons but you can do it because you didn't like some answers that they gave or I've even seen lawyers say well that person was looking at me mean, so I'm gonna kick them off. There are all kinds of reasons lawyers use peremptory challenges but you go back and forth. So the DA gets to preempt someone off the jury and then the defense does and it goes back and forth back and forth until each has exercised all of their challenges and then whoever is left in the box are the happy, lucky winners of the jury selection process."
Answered by Alexis Austin Litle · Watch clip ↗Each answer links directly to the source where a Right Law Group attorney addressed this question.
2 answers grounded in Right Law Group sources
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