Paralegal Certification PrepLegal Terminology and ConceptsMedium
A paralegal is assisting an attorney in a criminal case where the defendant is accused of robbery. During jury selection, a potential juror expresses a strong personal belief that anyone accused of a crime is probably guilty, making it difficult for them to be impartial. The attorney should use which of the following to remove this potential juror?
- APeremptory Challenge
- BWrit of Certiorari
- CMotion in Limine
- DChallenge for Cause
Show answer & explanationAnswer & explanation
Correct answer: D. Challenge for Cause
A challenge for cause is used to remove a potential juror who demonstrates bias, prejudice, or an inability to be impartial. The juror's stated belief of probable guilt for any accused person clearly fits this criterion.
Why the other options are wrong
- A. A peremptory challenge can remove a juror without stating a reason, but it is limited in number and cannot be used for discriminatory reasons.
- B. A writ of certiorari is a request for a higher court to review a lower court's decision, completely unrelated to jury selection.
- C. A motion in limine is a pre-trial motion to exclude certain evidence or testimony from being presented at trial.
Challenge for Cause
A request by a party in a jury trial to a judge to remove a potential juror who is demonstrably biased, prejudiced, or incapable of being impartial due to a specific reason.
- Requires a stated reason, approved by the judge.
- Unlimited in number, unlike peremptory challenges.
- Aims to ensure a fair and impartial jury.
Memory trick: Voir Dire: The 'truth-telling' session for jurors.