Multistate Professional Responsibility Examination (MPRE)Litigation and Other Forms of AdvocacyMedium
A lawyer is representing a client in a criminal case. During jury selection, the lawyer notices that a prospective juror is wearing a t-shirt with a highly inflammatory political slogan that appears to be directly related to the issues in the case. The lawyer believes this juror cannot be impartial. What is the lawyer's most appropriate action?
- AIgnore the t-shirt, as jurors are presumed to be able to set aside their biases.
- BUse a peremptory challenge to strike the juror without explanation.
- CChallenge the juror for cause, explaining the basis for the belief of bias.
- DPrivately ask the juror to remove or cover the t-shirt before questioning begins.
Show answer & explanationAnswer & explanation
Correct answer: C. Challenge the juror for cause, explaining the basis for the belief of bias.
When a lawyer has a reasonable basis to believe a prospective juror cannot be impartial, the appropriate action is to challenge the juror for cause. This allows the court to inquire into the potential bias and determine if the juror can fairly serve, protecting the impartiality of the tribunal.
Why the other options are wrong
- A. Ignoring clear signs of potential bias would be a dereliction of the lawyer's duty to ensure an impartial jury.
- B. While a peremptory challenge could be used, challenging for cause is generally preferred when a clear basis for bias exists, as it preserves peremptory challenges for other potential issues.
- D. Directly asking a prospective juror to alter their attire is generally inappropriate and could be seen as an attempt to improperly influence the juror.
Jury Impartiality
Lawyers have a duty to ensure the impartiality of the jury and must take appropriate steps to challenge prospective jurors who demonstrate bias.
- Challenge for cause when bias is evident.
- Peremptory challenges used for strategic reasons.
- Goal is a fair and impartial jury.
Memory trick: Bias on a shirt? Challenge for cause, assert your right!