A lawyer is representing a client in a criminal trial. During jury selection, the lawyer observes a prospective juror overtly nodding in agreement with every statement made by the prosecutor and making eye contact with the prosecutor while pointedly avoiding the defense table. The lawyer has no other concrete evidence of bias. What is the lawyer's MOST appropriate action?
- AIgnore the behavior, as it is subjective and not definitive proof of bias.
- BUse a peremptory challenge to strike the juror, if available.
- CRequest the judge to question the juror specifically about their impartiality.
- DChallenge the juror for cause, citing the observed behavior as evidence of bias.
Show answer & explanationAnswer & explanation
Correct answer: C. Request the judge to question the juror specifically about their impartiality.
While the observed behavior might suggest potential bias, it is not definitive proof for a 'for cause' challenge without further inquiry. The most appropriate initial action is for the lawyer to request the judge to conduct further voir dire, questioning the juror about their impartiality based on the observed conduct. This allows for a clearer record and a more informed decision regarding a challenge for cause or a peremptory strike.
Why the other options are wrong
- A. Ignoring potential juror bias is a dereliction of the lawyer's duty to ensure a fair trial for their client.
- B. Using a peremptory challenge is an option, but before using a limited resource, it's often more strategic to explore the potential bias through further questioning by the judge.
- D. A 'for cause' challenge requires demonstrable bias; the observed behavior, while suggestive, might not be sufficient without further questioning.
Jury Impartiality (Lawyer's Role)
A lawyer has a duty to ensure the impartiality of the jury. If there is a reasonable suspicion of juror bias, the lawyer should take appropriate steps to address it, typically by requesting further inquiry by the court.
- Lawyers must identify and address potential juror bias.
- Behavior, even if subtle, can indicate bias.
- Further questioning by the court is often the first step to establish bias.
Memory trick: Subtle juror cues need careful court review.