Paralegal Certification PrepLitigationMedium
A paralegal is working on a criminal case where the defendant is accused of felony assault. The defense attorney plans to argue that the defendant acted in self-defense. During jury selection, one potential juror expresses a strong belief that 'anyone who carries a weapon is looking for trouble' and admits they would have difficulty impartially considering a self-defense claim if the defendant possessed a legal firearm. The paralegal advises the attorney on the appropriate method to remove this juror. Which type of challenge should the attorney use?
- AChallenge for Cause
- BPeremptory Challenge
- CBatson Challenge
- DMotion to Strike
Show answer & explanationAnswer & explanation
Correct answer: A. Challenge for Cause
A challenge for cause is used to remove a potential juror who demonstrates an inability to be fair and impartial, such as having a bias or prejudice that would prevent them from rendering a just verdict. The juror's admitted difficulty in impartially considering a self-defense claim due to their views on weapons is a clear ground for a challenge for cause.
Why the other options are wrong
- B. A Peremptory Challenge allows removal without stating a reason, but attorneys have a limited number and it's not the primary tool for clear bias.
- C. A Batson Challenge is used when there is suspicion that a peremptory challenge was used based on race or gender, which is not the issue here.
- D. A Motion to Strike is a general term for removing pleadings or evidence, not specific to juror removal.
Challenge for Cause (Jury Selection)
A request to a judge that a prospective juror be dismissed for a specific reason, such as bias or prejudice, that would prevent them from being fair and impartial.
- Requires a stated reason
- Unlimited in number (if justified)
- Granted by the judge
Memory trick: Challenge for Cause: If the cause is clear bias, the juror is out.