Paralegal Certification PrepLitigationMedium
A paralegal is preparing for a criminal trial where the defendant is accused of felony theft. During jury selection (voir dire), a potential juror states that they were a victim of a similar theft recently and express strong negative feelings towards anyone accused of such a crime. The defense attorney wishes to remove this juror. What type of challenge should the attorney make?
- APeremptory challenge
- BMotion for a new trial
- CChallenge for cause
- DMotion in limine
Show answer & explanationAnswer & explanation
Correct answer: C. Challenge for cause
A challenge for cause is used to remove a prospective juror who demonstrates actual bias, an inability to be impartial, or a legal disqualification. The juror's strong negative feelings due to a similar experience indicate actual bias.
Why the other options are wrong
- A. A peremptory challenge allows removal of a juror without stating a reason, but it is limited in number and typically used when a challenge for cause is denied.
- B. A motion for a new trial is made after a verdict has been rendered.
- D. A motion in limine is a pre-trial motion to exclude certain evidence or testimony.
Challenge for Cause
A request by a party to a judge to remove a prospective juror from the jury panel because there is a specific, legally recognized reason why the juror cannot be impartial or is otherwise unfit to serve.
- Requires a stated reason, such as bias, prejudice, or inability to follow instructions.
- Unlimited in number, but must be granted by the judge.
- Aims to ensure a fair and impartial jury.
Memory trick: Challenges remove bias for a fair jury.