South Dakota Motion for Opportunity to Rehabilitate Any Prospective Juror Who Expresses Reticence When Asked to Kill a Fellow Human Being
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How to fill out Motion For Opportunity To Rehabilitate Any Prospective Juror Who Expresses Reticence When Asked To Kill A Fellow Human Being?
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FAQ
Voir dire is the attorney's only chance to with individual jurors. During the Voir Dire, the attorney for each side may exercise a certain number of challenges to prevent particular persons from serving the jury.
In criminal cases, parties may challenge jurors for cause during jury selection (for example, when a juror expresses an inability to be fair and impartial) or may use a certain number of peremptory challenges to remove jurors without cause.
Voir Dire and Peremptory Strikes in Jury Selection.
When selecting a jury, both parties may remove potential jurors using an unlimited number of challenges for cause (e.g., stated reasons such as bias) and a limited number of peremptory challenges (i.e., do not need to state a reason).
If an attorney wants to have a juror excused, they must use a challenge to excuse the juror. Challenges are either ?for cause? or Page 3 ?peremptory.? Challenges for cause are based on specific biases jurors may have that could prevent or appear to prevent them from being impartial in a particular case.
In the case of a jury trial, both sides of the case are able to challenge the seating of a juror due to cause. Some reasons might include actual biases of the juror, inability of the juror to effectively communicate, or the inability of the juror to understand the facts presented in trial.
A peremptory challenge results in the exclusion of a potential juror without the need for any reason or explanation - unless the opposing party presents a prima facie argument that this challenge was used to discriminate on the basis of race, ethnicity, or sex.
A peremptory challenge results in the exclusion of a potential juror without the need for any reason or explanation - unless the opposing party presents a prima facie argument that this challenge was used to discriminate on the basis of race, ethnicity, or sex.