Tennessee 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
There are certain legal grounds for which a juror might be excused, called a challenge for cause, and each side may excuse a certain number of jurors, called a peremptory challenge.
37 Often, when voir dire revealed grounds for challenge for cause?ethnic prejudice, religious bias, or knowledge of the case?attorneys had to make a peremptory challenge after a judge denied a challenge for cause.
Tennessee law further allows each party?the plaintiff and the defendant?to challenge (exclude) four potential jurors ?without assigning any cause.? These are known as peremptory challenges.
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).
The judge and attorneys ask the potential jurors questions, general or related to the specific case before them, to determine their suitability to serve on the jury. This process is called voir dire, which typically results in some prospective jurors being excused, based on their answers, from serving in that trial.
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.
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. Peremptory challenges can be used without any explanation or stated reason.